Page | 1 KOSAP Vulnerable and Marginalized Groups Framework KENYA OFF-GRID SOLAR ACCESS PROJECT (K-OSAP) VULNERABLE & MARGINALIZED GROUPS FRAMEWORK MARCH 2017 SFG3188 V1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized
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KENYA OFF-GRID SOLAR ACCESS PROJECT (K-OSAP ......2017/03/23 · 1.1 Background to Kenya Off Grid Solar Access Project (K-OSAP) The Government of Kenya (GoK), in its Vision 2030,
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Page | 1 KOSAP Vulnerable and Marginalized Groups Framework
KENYA OFF-GRID SOLAR ACCESS PROJECT
(K-OSAP)
VULNERABLE & MARGINALIZED GROUPS
FRAMEWORK
MARCH 2017
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1 ABBREVIATIONS AND ACRONYMS
AMI Advanced Metering Infrastructure
CoK Constitution of Kenya
CPS Country Partnership Strategy
CSO Civil society organizations
EAC East African Community (EAC)
EAs Environmental Assessments
EIA Environmental Impact Assessment
EMP Environmental Management Plan
EMS Energy Management System
ERC Energy Regulatory Commission
ESIA Environmental and Social Impact Assessment
ESMF Environmental and Social Management Framework
ESMP Environmental and Social Management Plan
FPIC Free, Prior and Informed Consultation
FS Feasibility Study
GDP Gross Domestic Product
GOK Government of Kenya
GRM Grievance Redress Mechanism
HIV/AIDS Human Immune Deficiency Syndrome
ICT Information and Communication Technologies
IDA International Development Association
IE Impact Evaluation
IPP Independent Power Producers
IPPF Indigenous Peoples Planning Framework
K-OSAP Kenya Off-Grid Solar Access Project
KNCHR Kenya National Commission on Human Rights
KPLC Kenya Power and Lighting Company
Ksh Kenyan Shilling
LA Land Act 2012
LAC Land Administration Committees
LACT Land Acquisition Compensation Tribunal
LLM live-line maintenance
LRA Land Registration Act 2012
M&E Monitoring and Evaluation
MDGs Millennium Development Goals
MEWNR Ministry of Environment, Water and Natural Resources
MOEP Ministry of Energy and Petroleum
MOF Ministry of Finance
MTR Mid-Term Review
NEDI North and North Eastern Development Initiative
NEMA National Environment Management Authority
NES National Electrification Strategy (NES)
NGO Non-Governmental Organisation
NLC National Land Commission
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NLC National Land Commission
NLP National Land Policy
OP Operational Policy
BP Bank Policy
PAD Project Appraisal Document
PAP Project Affected Persons
PIU Project Implementation Unit
PDO Project Development Objective
PIC Public Information Center
PIM Participatory Impact Monitoring
PIM Project Implementation Manual
PPA Purchase Power Agreement (PPA)
PPP Public-Private-Partnership
PRA Participatory Rural Appraisal
RAP Resettlement Action Plan
REA Rural Electrification Authority
RPF Resettlement Policy Framework
RRA Rapid Rural Appraisal
SA Social Assessment
SCADA Supervisory Control and Data Acquisition
UN United Nations
UNDRP Declaration on the Rights of Indigenous Peoples
US$ United States Dollars
VMG Vulnerable and Marginalized Groups
VMGF Vulnerable and Marginalized Groups Framework
VMGP Vulnerable and Marginalized Groups Plan
WB World Bank
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TABLE OF CONTENTS
Contents 1 ABBREVIATIONS AND ACRONYMS ................................................................................ 2
Page | 8 KOSAP Vulnerable and Marginalized Groups Framework
EXECUTIVE SUMMARY
1.1 Background to Kenya Off Grid Solar Access Project (K-OSAP)
The Government of Kenya (GoK), in its Vision 2030, aims at transforming “Kenya into
a newly industrializing, middle-income country providing a high quality of life to all its
citizens.” Promoting equal opportunities across the entire Kenyan territory is key to
realizing this vision. In this regard, the GoK has pledged to stimulate economic growth
and accelerate job creation to improve the economic wellbeing of Kenyans. Energy is
identified as one of the key sectors that form the foundation for socio-political and
economic growth. In order to achieve the national target of attaining universal access to
electricity by 2020, the GoK now seeks to close the accesses gap by providing electricity
to remote, low density, and traditionally underserved areas of the country.
The Government GoK’s strategy for expanding electricity infrastructure to support the
pledge addresses among others, issues including the equity of access to quality energy
services at least cost manner. The Government’s target is to reach 70% electrification rate
by 2017, with an immediate target to households in the next five years. Furthermore, to
implement the strategy, the government has prepared Least Cost Power Development
Program (LCPDP) 2009-2029; the Rural Electrification Master Plan and Kenya
Investment and Policy Prospectus. The investments included in the program cover all
three elements of strategy for electricity development simultaneously capacity expansion,
enhanced security and increased connections. Among the many interventions to achieve
this is expansion of the new sources of energy to enable more Kenyans to connect to the
grid at affordable costs and hence initiate economic activities at the micro-economic level.
Driven by the imperative to provide equal opportunities across the entire Kenyan territory
as key to achieving Kenya’s Vision 2030, and the national target of achieving universal
access to electricity by 2020, the GoK now seeks to close the access gap by providing
electricity services to remote, low density, and traditionally underserved areas of the
country. The World Bank’s Country Partnerships Strategy (CPS) for Kenya (2014-18)
also recognizes the access to basic electricity, as a key developmental issue. The strategy
sets improving core infrastructure as one of the projects the Bank will be engaged in. It
also emphasizes the importance of mobilizing concessional funding to expand the sector
including electricity generation, transmission and distribution to meet the government’s
economic growth targets
The proposed Kenya Off-grid Solar Access Project (K-OSAP) directly promotes the
achievement of these objectives by supporting the use of solar technology to drive
electrification of households (including host communities around the refugee camps),
enterprises, community facilities, and water pumps in 14 out of 47 counties in Kenya that
have been defined as “marginalized areas” by the Commission on Revenue Allocation
(CRA). CRA defines these as “communities that have been excluded from social and
economic life of Kenya for different reasons” and “geographic location (county or sub-
county) where significant populations of underserved communities live” (CRA, 2013).
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K-OSAP, to be financed by the World Bank Group to the tune of US$ 150 Million and
Grant from the Carbon Initiative for Development in the amount of US$5 Million to the
Republic of Kenya, aims to support the Government’s initiatives of ensuring increased
electricity access to Kenya’s 14 underserved counties ng the low-income groups. The
proposed project is expected to provide electricity to approximately 250,000 households,
1030 community facilities, and 620 boreholes. Additionally, 81,000 efficient cook stoves
will be sold and installed in the target counties.
The 14 underserved counties include Mandera, Wajir, Garissa, Tana River, Samburu,
Isiolo, Marsabit, Narok, West Pokot, Turkana, Taita Taveta, Kwale, Kilifi and Lamu. They
collectively represent 72% of the country’s total land area and 20% of the country’s
population, including historically nomadic societies that even today continue to rely on
pastoralism. Their population is highly dispersed, at a density four times lower than the
national average. They present profound infrastructure deficits, including lack of access to
roads, electricity, water, and social services. There is also significant insecurity in certain
areas, giving rise to substantial numbers of displaced persons and livelihood adaptations
that further undermine economic prosperity. The Government of Kenya has pledged to
stimulate economic growth and accelerate job creation to improve the economic wellbeing
of Kenyans. Among the many interventions to achieve this is expansion of the power
distribution system to be within reach and thus enable more Kenyans to connect to the grid
at affordable cost and hence initiate economic activities at the micro-economic level.
Due to the remoteness and sometimes dispersed nature of the target populations and
considering the lifestyles and socio-economic status of those residing in underserved
counties, the project will be designed to address high costs of provision of infrastructure
services, low affordability of the potential users, and sustainability of service provision.
Therefore, sustainability of the proposed approach to energy access expansion beyond the
nationally owned power network is predicated on two primary factors - private sector,
county Governments, and local community participation; and institutional capacity of
KPLC, REA and the Ministry of Energy and Petroleum (MoEP) as the implementing
agencies.
1.2 The World Bank’s Operational Policy, OP 4.10 (Indigenous Peoples)
OP 4.10 ‘contributes to the Bank's mission of poverty reduction and sustainable
development by ensuring that the development process fully respects the dignity, human
rights, economies, and cultures of Indigenous Peoples. For all projects that are proposed
for Bank financing and affect Vulnerable and Marginalised Groups (VMGs), the Bank
requires the borrower to engage in a process of free, prior, and informed consultation. The
Bank provides project financing only where free, prior, and informed consultation results
in broad community support to the project by the affected vulnerable and marginalised
groups’. Such Bank-financed projects are prepared in such a manner as to include
measures to:
1. Avoid potentially adverse effects on the Indigenous Peoples’ communities; or
2. When avoidance is not feasible, minimize, mitigate, or compensate for such
effects;
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3. Ensure that the vulnerable and marginalised people receive social and economic
benefits that are culturally appropriate and gender as well as inter-
generationally inclusive; and that the VMGF is based on free, prior and
informed consultations with indigenous peoples.
The objectives of the policy are to avoid adverse impacts on Vulnerable and Marginalised
Groups, secure broad community support for the project and to provide Vulnerable and
Marginalized Groups (VMGs)1with culturally appropriate benefits.
The policy is triggered when it is likely that groups that meet the policy’s criteria “are
present or likely to be present in, or have collective attachment to, the project area.” It is to
guide the preparation of instruments whose implementation would safeguard the rights,
dignity and cultures of the VMGs and ensure they access project benefits in culturally
appropriate ways.
Due to the presence of IPs in all the 14 counties that are targeted by KOSAP, OP 4.10 has
been triggered for the project. Out of the 14 underserved counties that are targeted by
KOSAP, eight are pastoralist counties and therefore qualify as overwhelmingly Indigenous
Peoples (IPs) counties. For these, a Social Assessment has been undertaken. The other six
counties namely: Lamu, Tana River, Taita Taveta, Kilifi, Kwale and West Pokot are hosts
to Indigenous Peoples who are in the minority compared to the more dominant
communities among whom they live and for these, this Vulnerable and Marginalized
Groups Framework (VMGF) has been prepared.
1.3 Purpose, Objectives, and Users of Vulnerable and Marginalized Groups
Framework
This Vulnerable and Marginalized Groups Framework (VMGF) has been prepared for use
by the Ministry of Energy and Petroleum (MOEP), Kenya Power and Lighting Company
(KPLC) and Rural Electrification Authority (REA) as implementing agencies under the
Kenya Off Grid Solar Access Project (K-OSAP) because the project has triggered OP
4.10. The policy stipulates that in the event that Vulnerable and Marginalized Groups
(VMGs) are likely to be affected by a Bank-supported project but the exact project sites
have not yet been determined, then a VMGF must be prepared to provide guidance to the
implementing agencies on the procedures and processes to be followed in the development
of Social Assessment (SA), Vulnerable and Marginalised Groups Plans (VMGPs),
Grievance Redress Mechanism (GRM) as well as a monitoring and evaluation framework.
1 Given particularities with respect to the term Indigenous Peoples in Kenya, the 2010 Constitution of Kenya,
2010, uses the term “vulnerable groups” and “marginalized communities”. Since adoption of the Constitution
in 2010, the GoK has requested that project instruments related to the implementation of OP 4.10 use the
constitutionally-sanctioned terminology. OP 4.10 contemplates that different terminology may be applied in
different countries without affecting the application or substance of the policy. It states: “Indigenous Peoples
may be referred to in different countries by such terms as indigenous ethnic minorities; aboriginals, hill
tribes, minority nationalities, scheduled tribes, or tribal groups.”
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In the case of KOSAP, it is known that IPs are present in all the 14 project counties.
However, at this stage of project preparation, the exact sub-project sites are not yet
identified and the exact impacts of the project on VMGs are not yet completely known.
The Government of Kenya (GoK) has therefore prepared this VMGF in order to comply
with requirement and provisions of OP 4.10 and in line with the applicable laws and
regulations of the Government of Kenya. It describes the policy requirements and planning
procedures that during the preparation and implementation of components especially those
identified as occurring in areas where VMGs are present. Once the sub-project sites have
been established, individual VMGPs will be prepared as set out in this VMGF and further
public consultations and stakeholder engagements will be conducted at this stage.
The purpose of this VMGF is to therefore to ensure that management of issues related to
vulnerable and marginalised groups is integrated into the development and operation of
proposed investments to be financed under the KOSAP to ensure effective mitigation of
potentially adverse impacts while enhancing accruing benefits. This Vulnerable and
Marginalized Groups Framework (VMGF) sets out:
The types of investments likely to be proposed for financing under the project.
The potential positive and adverse effects of such investments on VMGs
.A plan for carrying out the social assessment for such investments.
The process for preparing Vulnerable and Marginalized Peoples Plans (VMGPs)
A framework for ensuring free, prior, and informed consultation with the affected
VMGs at each stage of project preparation and implementation.
Institutional arrangements (including capacity building where necessary) for
screening project-supported investments, evaluating their effects on VMGs,
preparing VMGPs, and addressing any grievances.
Monitoring and reporting arrangements, including mechanisms and benchmarks
appropriate to the project.
Disclosure arrangements for VMGPs to be prepared under the VMGF.
1.4 Project Components: Investments Proposed for Financing under KOSAP
The Project Development Objective of KOSAP is to increase access to modern energy
services in underserved counties of Kenya. The PDO will be achieved through the
implementation of four complementary components. They are discussed below.
Component 1: Mini-grids for Community Facilities, Enterprises, and Households
This component will support the electrification of areas where electricity supply through
mini-grids represents the least cost option from a country perspective, as underpinned by
the geospatial plan. Depending on the number of users to be supplied, and the service level
defined for each type of user (households, enterprises, community facilities, etc.), the
generation system of each specific mini-grid will combine solar PV, battery storage and
thermal units running on diesel. Mini-grids will be developed under a Public-Private-
Partnership (PPP) whereby private investment and public funds co-finance construction
of generation facilities, and public funding is used to construct the distribution network.
A single private service provider (PSP) will be responsible for construction (and partial
Page | 12 KOSAP Vulnerable and Marginalized Groups Framework
financing) of the generation system and for construction of the distribution network of
each mini-grid. The same PSP will sign two long-term contracts with KPLC: (i) a 7-10
year power purchase agreement (PPA) for the operation and maintenance of the generation
system, and recovery of the privately financed part of the investment; and (ii) a 7-10 year
service contract for operation and maintenance (O&M) of the distribution network,
including revenue cycle services (as required). Ultimately, after the recovery of the private
investments, all assets (both generation and distribution) will be in GoK ownership. All
electricity consumers supplied through mini-grids will be KPLC customers, and pay the
same tariff for each category charged to users connected to the national grid, ensuring
effective implementation of a national uniform tariff policy.
The component will be implemented in approximately 120 locations throughout the 14
target counties, typically in mini-grids supplying 100-700 prospective users, with
approximate total demand of 20-300kW. These potential sites, capturing approximately
27,000 consumers in total, have preliminarily been identified as part of the geospatial plan.
Each service territory will comprise 20 or more mini-grids located in geographically
contiguous areas, with 2,000 or more serviceable customers. There will be a mix of more
densely populated sites and less densely populated sites in each lot, where possible, to
enhance their overall commercial attractiveness. PSPs can bid separately for each lot, with
multiple lots potentially awarded to the same PSP.
REA and KPLC will jointly implement the component, with the procurement of lots
divided among them. This component will be complemented by technical assistance,
under sub-component 4.2, to (i) confirm the sites through further feasibility studies and
techno-economic analysis (ii) promote productive and efficient use of energy by users (iii)
technical, legal, and procurement support to effectively design the bidding documents and
supervise the construction of the mini-grid assets.
Component 2: Standalone Solar Systems and Clean Cooking Solutions for
Households
Component 2A: Standalone Solar Systems for Households : This component will
support off-grid electrification of households in the 14 target counties where a standalone
solar system is the most appropriate technology to deliver energy services, leveraging
Kenya’s unique off-grid solar market dynamics and innovations. The component will
provide incentives for solar off-grid companies currently operating in the more densely
populated areas of Kenya to expand to underserved counties and provide services to the
off-grid households in these counties. These services, provided through portable solar
home systems, are well-suited to some of the population in the underserved counties, as
households do not always live in permanent structures. In addition, affordability is
increased by allowing households to pay for systems over time. Willingness to pay
analysis, confirmed by the preliminary results from the MTF surveys shows there to be
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over a half-million households that could theoretically afford a Tier 1 level solar home
system2.
The component will be accomplished via two financing instruments to which eligible solar
service providers (SSPs) will have access:
i. Grant Facility - Competitively awarded expansion grants, to compensate SSPs for
initial, ongoing incremental, and opportunity costs associated with an expansion of
operations in underserved counties. A percentage cap will be set within each lot so
that multiple service providers will have the opportunity to operate within the space.
A competitive approach will be used, whereby service providers will bid based on
a grant amount per household connection, with the lowest grant requirements
winning. Results-based financing will specify installment payments based on the
achievement of pre-agreed connection milestones and satisfactory after sales
service support.
ii. Debt Facility - Debt financing to solar service providers, to support upfront costs
associated with getting hardware inventory into the market, and medium-term
consumer financing to enable households to pay off the systems over time. Two
typologies of business models underpin the majority of solar service providers that
operate in the Kenyan market. First are service providers that sell solar products on
an over-the-counter (cash sale) basis. These service providers require shorter term
debt in USD or other major foreign currency to finance costs associated with
hardware manufacture and transit to Kenya (typically from China) until a sale is
made. This cycle typically lasts anywhere from 6 to 9 months. A second prevailing
business model is pay-as-you-go, whereby customers pay for the systems in
monthly installments (typically between 12-36 months), and SSPs carry the default
risk during the payback period. These businesses typically require debt financing
that is commensurate with the lending terms that they extend to their customers.
Given that service providers’ revenues are in local currency, the debt instrument
will also offer loans in Kenyan Shillings in addition to USD.
The implementation of this component will be under a direct oversight of MoEP. MoEP
will competitively select the expansion debt-grant facility manager, which will be a
consortium with demonstrated experience with managing similar instruments in Kenya
and similar geographies. An OP 10.00 assessment of financial intermediary financing will
be carried out for on the debt facility manager.
Component 2B: Clean Cooking Solutions for Households: This sub-component will
support a transition from low-efficiency baseline stoves to cleaner, higher efficiency
improved stoves. To accomplish this objective, cleaner household cooking appliances and
2 Simulations using 2014 FinAccess household survey data show that in a scenario where 7 percent of household
expenditures are made on stopgap lighting, over 500,000 of the 1.2 million off-grid households could afford a PAYG
SHS offering (assuming a 3-light point system, offered on a monthly cost of KES 500 and paid off over 36 months).
Page | 14 KOSAP Vulnerable and Marginalized Groups Framework
fuels will be promoted. Activities will begin by focusing on four underserved counties in
the northwestern part of the country (West Pokot; Turkana; Samburu; and Marsabit).
During project preparation, a Stove-Market Testing Program is being undertaken in the
municipal, town, and densely settled parts of Turkana County. The stoves to be included
will be determined following a call for Expressions of Interest for stove manufacturers
wanting their products to be exposed to these new markets. To be eligible, a woodstove
will have to prove that its efficiency tests it as a Tier 2 stove (roughly 30 percent efficient)
and a charcoal stove will have to prove that its efficiency tests as a Tier 3 stove (roughly
40 percent efficient) to be eligible for inclusion in the market tests. These tests will
involve exposing both consumers and suppliers (retailers, wholesalers, and distributors)
in the urban areas of Turkana County to these improved stoves. The results will be shared
with the communities and interested parties. Field testing for additional stoves models
may be considered during the project implementation.
This sub-component will operate a window in the grant facility established for Component
2A to support sales of eligible stoves in targeted counties. The grant facility will provide
the selected distributors with financial support on a matching grant and results-based
scheme to enable them to market their stoves locally within the target counties; to increase
their inventories of the selected higher quality stoves; to purchase and transport them to
the target communities in number; and to sell them to willing buyers in the communities.
Component 3: Standalone Solar Systems and Solar Water Pumps for Community
Facilities
The community facilities considered in this component are the existing and upcoming: (i)
Health facilities (Levels 2 and 3) (ii) Educational facilities (Secondary schools and
Technical training institutes); (iii) Administrative offices (for example, assistant County
Commissioner offices).
Component 3A: Standalone Solar Systems for Community Facilities. This component
will support the provision of electricity services to community facilities in remote areas
in underserved counties. A private sector contractor will be competitively selected for
each service territory to supply, install, and maintain standalone solar systems in
community facilities. A total of about 1100 facilities could be reached via this component.
KPLC, the implementing agency, would sign two (2) contracts with the contractor in each
service territory – one for the supply and installation of the standalone solar systems and
the second for the provision of maintenance services for 7-10 year duration. The contract
would specify the minimum requirements in terms of quality standards in electricity
supply for the community facilities, developed by Ministry of Health, Ministry of
Education, and Ministry of Interior. Contracts would stipulate the minimum package
acceptable as “basic service”, but allow room for provision of additional services to
community facilities. The proposed project will cover the supply and installation costs
and KPLC will pay the contractor for fees under the maintenance contract with allocation
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or revenues from beneficiary facilities. The costs of maintenance contracts are expected
to be passed through into tariff revenues recognized by ERC.
KPLC will take the retail risk of serving these new consumers, for which their payment
record for such an arrangement is still unknown. Therefore, a payment risk mechanism
would be available to KPLC, to which the proposed project will set aside funds equivalent
to 6-12 months of maintenance fees that KPLC can draw upon in case of inadequate
revenues to pay the contractor.
Component 3B: Solar Water Pumps for Community Facilities: This component will
support financing solar powered pumping systems to increase sustainable access to water
supply by equipping new boreholes and retrofitting existing diesel-powered boreholes
associated with community facilities within the target counties. A private sector
contractor will be competitively selected for each service territory to supply, install, and
maintain standalone solar systems in community facilities.
REA, the implementing agency, would sign (2) contracts with the contractor in each
service territory to – one for the supply and installation of the standalone solar systems
and the second for the provision of maintenance services for 7-10 year duration - similar
to the design in Component 2A. The payment for these maintenance services will be
recouped on a monthly basis by the community facilities hosting these boreholes.
A payment risk mechanism would be available to REA, to which the proposed project will
set aside funds equivalent to 6-12 months of maintenance fees that REA can draw upon
in case of inadequate allocation from the beneficiary facilities to pay the contractor.
Component 4: Implementation Support and Capacity Building
Component 4.1: Consumer Education and Citizen Engagement
This sub-component will support the consumer education and citizen engagement
activities for the program’s key delivery areas (households, community facilities, water
facilities in the underserved counties). Consumers in these areas are unlikely to be aware
of the new technologies being presented and have a right to expect clear, thorough
information about the advantages of the services and how to access them. The activities
supported under this sub-component will provide recurring opportunities for consumers
to interact with service providers in order to share their feedback and concerns. For those
who have some knowledge of the products, these outreach activities will provide them
with the necessary guidance on how to get the best out of the products in the way they use
and maintain them. Finally, in these target areas, acceptance and sustained demand is
generated when the buy-in of key opinion leaders is obtained. The consumer education
and citizen engagement program will employ both Above the Line (mass media tools) and
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Below the Line (one on one) channels in reaching out to different target audiences while
ensuring opportunities for two-way dialogue.
Component 4.2: Implementation Support and Capacity Building
This sub-component will support all technical studies, implementation support, and
capacity building of sector and counties. More specifically, the following are included.
First, build capacity and address the skill set requirements in KOSAP Project Coordination
Unit in MoEP and KPLC PIU and REA PIU. Second, capacity building activities in the
sector and counties, for instance related to solar technology, project management,
procurement, environmental and social safeguards for the sector entities, and monitoring
and evaluation. As such, funding will be used to cover the investment costs (equipment,
software, training, etc.) incurred by ERC to establish a monitoring unit. Third, relevant
studies and contracts for the investment components of the proposed projects. Fourth,
support MoEP in the development of a Strategic Planning and Program Management
(SPPM) unit with the objective of providing effective coordination and oversight in terms
of policy development, strategic planning, and project design and implementation.
1.5 Potential Positive and Adverse Effects of the Proposed Investments on VMGs
1.5.1 Potential Positive Benefits
The positive impacts of the project will be realized in the economic, education, social,
health, security and environmental sectors of the participating counties. Positive impacts
are also anticipated on gender, beliefs and culture. In this regard, it is anticipated that the
project will have the following positive benefits:
Uplift the livelihood and economic strategies of the VMGs due to employment
creation, enhanced savings as monies used to purchase kerosene can be channeled for
other uses or saved;
There will be livelihood and economic activities diversification,
Better academic performance as students will be able to put in longer study hours due
to availability of light,
Improved health services as health facilities will be able to be equipped with
laboratories and refrigeration equipment that rely on electricity and enhanced safe
delivery of pregnant mothers at any time of the day or night
The project will create an enabling environment for attaining gender parity among the
VMGs by increasing the number of girls attending school, thereby reducing gender
inequalities
The proposed development also represents an investment in infrastructure for the
generation of clean, renewable energy, which, given the challenges created by climate
change, represents a positive social benefit for society as a whole.
By installing floodlight masts in areas where the mini-grids will be stationed, there will
be reduction in insecurity incidences brought about by tracking the movement of the
militants.
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1.5.2 Potential Adverse Impacts
Permanent effects will result into an infinite loss of use of property, vegetation, or land by
the affected person as a result of the subproject activities. While such impacts are expected
to be minimal, they could include:
Land acquisition: Land that is found to be suitable for some of the proposed
infrastructures may need to be acquired, which could translate to loss of land,
pasture and crop cover or all.
Labour influx: Civil works for some of the proposed infrastructure works may
attract labour (skilled and unskilled) from outside the project area. This in turn may
have such negative social impacts as increase of infectious, child labour, teen
pregnancies or girls dropping out of school to take up jobs including provision of
food to workers etc.
Temporal impacts: These may include short term interruption in the current use of
property or land by the affected communities or individuals as a result of the
subproject activities. This is likely to occur, for instance, during construction of
wind turbines etc. This is likely to affect:
Vulnerable Groups that currently use water points and pasturelands meant for
rehabilitation and will therefore have to find temporary pastureland.
1.6 Proposed Mitigation Measures
To avoid or minimize adverse impacts and, at the same time, ensure enhancement of
benefits and full participation of the vulnerable groups, the PIU at KOSAP in collaboration
with the partner implementing agencies will apply the following:
Avoid the need for land acquisition and displacement of people. Where land
acquisition is inevitable, the provisions in the RPF will be followed and if possible,
the project will consider land owned by GoK to minimize displacement.
As much as possible, the project will promote the use of local labour – both skilled
and unskilled – but where labour must be “imported from outside the project area”,
the project will:
o Mount a sensitization and awareness to dissuade families from allowing their
school children from participating in child labour;
o Safeguards will be built into the contractors’ contracts to ensure that workers
are not engaging in activities or vices that could disrupt the socio-cultural
set-ups of the local communities,
o Ensure that vulnerable groups in general and their organizations are informed
of activities selection, design, and implementation processes to seek input
and to provide clarification.
KOSAP/PIU will carry out analysis of socio economic impacts of proposed sub
projects on vulnerable groups through a transparent process with the free and
informed participation of the affected communities.
KOSAP /PIU to ensure that the interventions do not unnecessarily and
unintentionally exacerbate factors outside the scope of planned impacts;
KOSAP/PIU will screen the activities of subprojects for a preliminary understanding
of the nature and magnitude of potential impacts, and explore alternatives to avoid
or minimize any adverse impacts as detailed in the ESMF and RPF.
Page | 18 KOSAP Vulnerable and Marginalized Groups Framework
1.7 Plan for Carrying out Social Assessment for Subprojects
If, based on the screening, the KOSAP/PIUs concludes that VMGs are present in, or have
collective attachment to the subproject site, the implementing agency of that subproject
will undertake a social assessment to evaluate the project’s potential positive and adverse
effects on the VMGs, and to examine project alternatives where adverse effects may be
significant. The breadth, depth, and type of analysis required for the social assessment will
be proportional to the nature and scale of the proposed sub project’s potential and effects
on the Vulnerable and Marginalized Groups present. The KOSAP/PIU will prepare
detailed Terms of Reference (ToR) for the social assessment study once it is determined
that VMGs are present in the project area Framework for Free, Prior and Informed
Consultations with VMGs
Free, prior and informed consultations with VMGs refers to a process whereby affected
vulnerable and marginalized communities, freely have the choice, based on sufficient
information concerning the benefits and disadvantages of the project, of whether and how
these activities occur, according to their systems of customary decision making.
Projects affecting the vulnerable and marginalized groups that meet the OP 4.10 criteria,
whether adversely or positively, need to be prepared with care and with the participation
of affected communities. The policy requires that the implementing agencies engages in a
process of free, prior, and informed consultation with the affected vulnerable and
marginalized communities at every stage of the project in order to fully identify their views
concerning the potential impacts of the project on them and to obtain their broad
community support for the project. Similarly, the development of project-specific
measures to avoid adverse impacts and enhance culturally appropriate benefits should be
in consultation with the VMGs.
1.7.1 Consultations with VMGs for the preparation of this VMGF
In order to have the input of VMGs into the preparation of this VMGF, the MoEP, KPLC
and REA organized a consultative workshop with representative men, women and youth
from the six IP counties in which the VMGs are in the minority and are marginalised in the
already marginalised counties. A total of 38 VMGs representatives participated in the
consultations, including 15 women and 23 men.
Overall, the VMGs gave their broad support for the project in so far as they determined
that the project would have more positive benefits than adverse impacts. They were keen
that the project implementation should not be delayed as this would mean that they may
not reap the full benefits due to rushed implementation resulting from a late start. Among
the concerns they raised were questions such as: (i) whether or not the project sites had
been selected; (ii) whether the project could support pumping water from the river for small
scale irrigation by farmers who are far from the river to enhance their livelihood strategies;
(iii) how they could be sure that the project will reach the VMGs and whether the
implementers have the good will to serve the community; (iv) whether or not the VMGs
would be represented in the decision-making levels of the project; (v) whether they would
be considered for employment opportunities and how they would know when the project
is starting to enable them or their youth apply for jobs; (vi) the kind of support that would
Page | 19 KOSAP Vulnerable and Marginalized Groups Framework
be extended to VMGs individuals or families that may not be able to afford installation or
connection fee. They also made the following suggestions:
When the time comes, the project should include women in employment opportunities;
In case of compensation, the project should ensure right person is compensated and for
this, the project should undertake proper due diligence to confirm ownership of assets;
There would be need for community education/awareness creation to enable them be
active participants in the project.
How compensation for long-term livelihood investments such as coconut trees would
be handled to ensure it is adequate, given that coconut is a lifetime livelihood strategy.
Need for in-depth village level consultations with VMGs in the respective counties to
enable all VMG members become actively involved in the project’s affairs.
1.7.2 Free, Prior and Informed Consultations During Implementation
This VMGF establishes an appropriate gender and inter-generationally inclusive
framework that provides opportunities for consultation with VMGs and other local civil
society organizations (CSOs) identified by the affected VMGs, at each stage of project
preparation and implementation of KOSAP. In this regard, free, prior and informed
consultation of the vulnerable and marginalized communities will be conducted at each
stage of the project and especially during implementation. In this regard, the VMGs have
been consulted at this stage of project preparation, to fully identify their views and
ascertain their broad community support for the project. The stages in which VMGs will
be consulted through the free prior and informed consultations principle are discussed
below.
1.7.2.1 Screening, Preparation and Implementation of VMGPs
The steps to be undertaken for the preparation of VMGPs for each sub project investment
will include a screening process, to determine whether VMGs are present in, or have
collective attachment to the project area. This screening will be conducted by the
Environmental and Social specialists within KOSAP/Project Implementation Unit (PIU) in
collaboration with the agencies executing the specific sub project investment under the
KOSAP and using consultants with expertise on the social and cultural groups in the project
area if need be. Ideally the screening for VMGs should consider the GOK’s framework for
identification of Vulnerable and Marginalized Groups (VMGs) according to the New
Constitution of Kenya (CoK) however, the Bank criteria for identification of VMGs as per
OP. 4.10 will be used to make a final determination.
If, based on the screening, it is concluded that VMGs are present in, or have collective
attachment to the project area, a social analysis will be undertaken by the executing partner
agencies of KOSAP, with direct support of the environmental and social specialists in the
PIU to evaluate the projects’ potential positive and adverse effects on the VMGs, and to
examine project alternatives where adverse effects may be significant. The breadth, depth,
and type of social analysis will be proportional to the nature and scale of the proposed
project’s potential effects on the VMGs. Whether such effects are positive or adverse,
consultation and participation are required as part of the preparation of the VMGPs which
will include engaging in free, prior, and informed consultation with the VMGs.
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Preparation of a specific sub project VMGPs will be done in accordance with the
requirements of OP 4. 10 and each VMGP will be submitted to the Bank for review before
the respective investment is considered eligible for Bank financing under the broader
project framework. Annex 3 of this report outlines the contents of a VMGP.
The need for VMGPs will depend on: (a) the presence of VMGs, and, (b) the nature and
scale of the subproject impact on groups that meet the OP 4.10 criteria. The VMGPs will
capture the nature and scale of the subproject impact and vulnerability of VMGs, including
(i) adverse impacts on customary rights of use and access to land and natural resources; (ii)
negative effects on the socioeconomic and cultural integrity; (iii) effects on health,
education, livelihood, access to the project benefits, and social security status; and (iv)
other impacts that may alter or undermine indigenous knowledge and customary
institutions. It will also identify ways in which to bring benefits of the project to VMG
communities if technically feasible. The social assessment will identify requirements for
preparing a VMGP and/or incorporation of VMGP elements in other project design
documents such as resettlement plans.
The VMGPs will set out the measures whereby the Executing Agencies (EA) will consult
with VMGs and ensure that (i) affected VMGs receives culturally appropriate social and
economic benefits; and (ii) when potential adverse impacts on VMGs are identified, these
will be avoided to the maximum extent possible. Where this avoidance is proven to be
impossible, VMGP will outline measures to minimize, mitigate, and compensate for the
adverse impacts.
The level of detail and comprehensiveness of VMGP will vary depending on the specific
subproject and the nature of impacts to be addressed. If the impacts are limited to
acquisition of customary land, the elements of VMGP will be combined to the RAP. If
VMGs are the sole or overwhelming majority of the subproject beneficiaries, as will be the
case in 8 of the project counties, the elements of the VMGP could be integrated into the
subproject design or documents such as community development program to ensure that
all VMGs participate in and receive culturally appropriate benefits from the subproject.
1.7.2.2 Consultations and Stakeholder Engagement
This framework seeks to ensure that VMGs are informed, consulted, and mobilized to
participate in the relevant subprojects. The PIU to be established by KPLC and REA for
the KOSAP will undertake consultation from the very beginning and will continue till the
end of the project. The EA will undertake prior consultations with any likely impacted
VMGs and those who work with and/or are knowledgeable of VMGs development issues
and concerns. To facilitate effective participation, the VMGP will propose a timetable to
be followed to consult VMGs at different stages of the project program cycle, especially
during preparation of the civil works program. Also, the PIU will undertake a social impact
assessment (SIA) to gather relevant information on demographic data; (i) social, cultural
and economic situation; and (ii) social, cultural and economic impacts positive and
negative on the indigenous communities in the relevant subproject area. Participatory
consultation with affected households will be undertaken during project planning and
Page | 21 KOSAP Vulnerable and Marginalized Groups Framework
implementation stages. The consultation for VMGF was undertaken on 16th march 2017
and the participants were on agreement that this project will improve their lives however
they called for more consultation to be undertaken at project sites where the KOSAP will
be implemented.
1.8 Institutional Arrangements for Project Implementation
The MoEP will provide overall coordination of the Project and lead in the implementation
of Component 2, which will include overall responsibility for safeguards due diligence,
and compliance monitoring. MoEP will ensure that Terms of Reference (ToR) for hiring
the Facility Management Consortium (FMC) contain clauses that relate to safeguards and
Occupational Health and Safety (OHS) competencies and specific tasks related to
safeguard monitoring and enforcement. The selected FMC (Grant and Debt Managers) will
be responsible for coordinating and supporting the implementation of safeguards, and will
prepare Facilities Implementation Manual (FIM) that will include checklist for subprojects,
their potential threats, and mitigation measures as well as capacity building for safeguards
implementation and compliance monitoring. MoEP will submit FIM to the Bank for review
and clearance. Thus, solar companies who bid for any of the subprojects under this
component will have to indicate their respective bids how they intend to address
environmental and social sustainability issues that could be associated with the provisions
of those services. The selected solar companies will be responsible for implementing the
safeguards on the ground, including ensuring compliance with occupational health and
safety imperatives and dealing with de-manufacturing of out-of-use solar devices, e-waste
disposal and recycling. The generation of safeguard reports during implementation of
project activities will start from the solar companies and through the FMC to MoEP.
KPLC and REA will jointly be responsible for the implementation of Components 1 and
3; Component-1 (Mini-grids for Community Facilities, Enterprises, and Households) will
be developed under the Public Private Partnership (PPP) and a single contractor will be
responsible for construction of the generation system, the contractor will prepare
appropriate safeguards instruments that will be consulted upon, reviewed and cleared by
the Bank and locally disclosed. Under Component 3 (Standalone solar systems for
community facilities), KPLC and REA have overall responsibility for safeguards due
diligence and the private sector contractors hired for supply, installation and maintenance
will be responsible for preparing a checklist for subprojects, their potential threats, and
mitigation measures as well for safeguards implementation and compliance monitoring.
REA will be responsible for managing the carbon finance sub-component from Ci-Dev.
KPLC and REA will establish their respective Project Implementation Units (PIUs) to
manage their specific components.
Specifically, KOSAP PCU hosted in MoEP will be responsible for the overall coordination
of the project implementation and oversight including the following: (i) defining, jointly
with the respective county governments, the project areas based on technical and policy
Page | 22 KOSAP Vulnerable and Marginalized Groups Framework
development priorities; (ii) resolving in consultation with the county governments
challenges requiring high level intervention facing the project; (iii) monitoring the
implementation of the project in consultation of the counties; and (iv) consolidating
information.
Capacity building of the PIU and implementing agencies’ staff will be a key element of the
project, to ensure that the involved staff are able to screen project-supported investments,
evaluate their impacts on VMGs, prepare VMGPs, address any grievances that may arise
in the course of project implementation and undertake effective monitoring and
evaluation of implementation progress.
1.9 Grievance Redress Mechanisms
A grievance redress mechanism will be developed for addressing the grievances from the
affected VMGs related to subproject implementation. The procedure of grievance redress
will be incorporated in the project information pamphlet to be distributed prior to
implementation.
During the consultations with VMGs for input into this VMGF, it was clear that the VMGs
prefer to have grievances resolved at the lowest level, through a mixture of the existing
socio-cultural grievance redress mechanisms and the community level administrative
systems. For all the participating VMGs, the process involves resolution of complaints or
conflicts by the Elders system – which is tiered – followed by the resolution by the
community level administrative system consisting of Village Headman, Assistant Chief
and Chief. Failure to resolve grievances by these community level mechanisms would
mean involving a county level grievance redress institution and the PIU. An aggrieved
party would be free to go to court, but would be ‘cursed’ by the community for defying the
internal project mechanisms.
The PIU will work with the participating VMG communities to establish the grievance
redress institutions along the lines proposed during the consultations with them. In
addition, the PIU will establish a mechanism to receive and facilitate resolution of affected
VMGs concerns, complaints, and grievances about the project’s safeguards performance
for each subproject having impacts on VMGs, with assistance from Non-Governmental
Organisations (NGO). Under the Grievance Redress Mechanism (GRM), a Grievance
Redress Committee (GRC) will be formed for each sub project with involvement of VMGs
representative & local stakeholders. The GRCs are to be formed and activated during the
KOSAP implementation process, including implementation of the VMGPs. Assistance to
VMGs will be given, to document and record the complaint. The grievance redress
mechanisms will be designed with the objective of solving disputes at the earliest possible
time and at the lowest levels where the PAPs reside for quick resolution.
The traditional dispute resolution structures existing for each of the VMGs will be used as
the first step in resolving grievances. The GRM may draw on and be part of that proposed
in the Resettlement Policy Framework for the KOSAP. The grievance mechanisms will
use the existing local structures in various communities where the VMGs are found and
Page | 23 KOSAP Vulnerable and Marginalized Groups Framework
the existing government structures at the local level in case of not reaching consensus the
legal mechanism will prevail. The project implementation agencies will make the public
aware of the GRM through public awareness campaigns.
Marginalized and vulnerable communities will be provided with a variety of options for
communicating issues, grievances and concerns, including in writing, orally, by telephone,
over the internet or through more informal methods as part of the grievance redress
mechanism. In the case of marginalized groups (such as women and young people), a more
proactive approach may be needed to ensure that their concerns have been identified and
articulated. This will be done, for example, by providing for an independent person to meet
periodically with such groups and to act as an intermediary. Where a third-party
mechanism is part of the procedural approach to handling complaints, one option will be
to include women or youth as representatives on the body that deals with grievances. It
should be made clear that access to the mechanism is without prejudice to the
complainant’s right to legal recourse. Prior to the approval of individual VMGPs, the
affected VMGs will have been informed of the process for expressing dissatisfaction and
seeking redress. The grievance procedure will be simple and administered as far as possible
at the local levels to facilitate access, flexibility and ensure transparency.
1.10 Disclosure
This VMGF and sub project VMGPs will be made available to the affected VMGs in an
appropriate form, manner, and language. To this end, the VMGs suggested that disclosure
should consist of public meetings with them followed by placement of relevant documents
at central places. Before project appraisal, the KOSAP/PIU will send the Social
Assessment and VMGP to the Bank for review. Once the Bank accepts the documents as
providing an adequate basis for project appraisal, the Bank will make them available to the
public in accordance with Bank Policy on Disclosure of Information after KPLC and REA
have made the documents available to the affected communities and the general public in
an accessible manner.
Each subproject VMGP will be disclosed to the affected VMGs with detailed information
of the subproject. This will be done through public consultation and made available as
brochures, leaflets, or booklets, using local languages. Summary of the VMGP will be
made available in hard copies and in language understandable to VMG at: (i) Offices of
the MoEP, KPLC and REA; (ii) Sub County or County Office; and (iv) any other local
level public level that is accessible to VMGs. Electronic versions of the framework as well
as the VMGPs will be placed on the official website of KPLC and REA and the official
website of Bank after approval and endorsement of the VMGF and each VMGP by the
Bank.
1.11 Monitoring and Reporting
The implementation of VMGPs will be monitored. KOSAP/PIUs and the Executing
Agency implementing specific sub project investments will establish a monitoring system
involving KOSAP/PIU staff, partner implementing agencies, county governments, and
VMGs to ensure effective implementation of VMGP. A set of monitoring indicators will
be determined during VMGP implementation and will be guided by the indicators
Page | 24 KOSAP Vulnerable and Marginalized Groups Framework
contained in the document (see table 3 section 7 of this VMGF). KOSAP/PIU support
consultants will carry out monitoring. Appropriate monitoring formats will be prepared for
monitoring and reporting requirements.
For sub projects with significant adverse impacts on VMGs, external experts or NGOs may
be engaged by the PIU to verify monitoring information of the VMGP for such subprojects.
The NGOs will collect baseline data including qualitative information and analyze the
same to assess the impacts of the project on indigenous people. The external experts will
advise on compliance issues and if any significant issues are found, the EA will prepare a
corrective action plan or an update to the approved VMGP. The EA will be required to
implement the corrective actions and to follow up these actions to ensure their
effectiveness.
Several key indicators and topics for monitoring and evaluation of VMGP are: (i) process
of consultation activities; (ii) appropriateness of affected assets valuation and
compensation; (iii) economic status of VMGPs in comparison with pre-project condition;
(iv) status of VMGs as identified in the SA; (v) any disadvantaged conditions to VMGs
that was not anticipated during the preparation of VMGPs, that required corrective actions;
and, (vi) grievance redress issues. The PIU will collect required data/information and
regularly analyze project outputs and impacts considering impact on VMGs, and semi-
annually report the results to the Bank.
1.11.1 Annual Reporting and Performance Review Requirements
Annual progress reports will be prepared by the project implementing agencies PIUs and
the preparation of the progress reports will be supported by the environmental and social
safeguards specialists in the PIU. These reports will be submitted to the Bank though
MoEP.
1.11.2 Budget
All costs for implementation of VMGP will be financed by KOSAP. The costs will be
estimated during feasibility studies based on interviews with community members and
relevant government officials. This will be updated after the detailed survey and
investigation as well as further consultations with VMGs.
The budget for the implementation of the VMGP will mainly include costs for capacity
building for PIU and relevant staff to screen for VMGs and prepare VMGPs;
consultation/meetings, information dissemination, NGO/Agency hiring for VMGP
implementation & monitoring, GRM etc. Once the subproject has been appraised and
finalized in the context of the VMGF, the required budget is to be allocated by the EA for
proper implementation of the VMGP. The VMGPs budget will also include costs for
implementation of VMGPs, such as salaries and travel costs of the relevant PIU staff. In
summary, there should be adequate budgetary provisions to implement any VMGP where
necessary for the subproject development.
Page | 25 KOSAP Vulnerable and Marginalized Groups Framework
2 INTRODUCTION
The Government of Kenya (GoK), in its Vision 2030, aims at transforming “Kenya into a
newly industrializing, middle-income country providing a high quality of life to all its
citizens.” Promoting equal opportunities across the entire Kenyan territory is key to
realizing this vision. Energy is identified as one of the key sectors that form the foundation
for socio-political and economic growth. In order to achieve the national target of attaining
universal access to electricity by 2020, the GoK now seeks to close the accesses gap by
providing electricity to remote, low density, and traditionally underserved areas of the
country. The proposed Kenya Off-Grid Solar Access Project (KOSAP) directly promotes
the objectives by supporting the use of solar technology to drive electrification of
households, enterprises, community facilities and water pumps in 14 out of 47 counties in
Kenya that have been defined as “marginalized areas” by the Commission on Revenue
Allocation (CRA). CRA defines these as “communities that have been excluded from
social and economic life of Kenya for different reasons” and “geographic location (county
or sub-county) where significant populations of underserved communities live” (CRA,
2013).
The 14 underserved counties which are deemed to be marginalised by CRA - four of which
are not part of NEDI - include Mandera, Wajir, Garissa, Tana River, Samburu, Isiolo,
Marsabit, Narok, West Pokot, Turkana, Taita Taveta, Kwale, Kilifi and Lamu. They
collectively represent 72% of the country’s total land area and 20% of the country’s
population, including historically nomadic societies that even today continue to rely on
pastoralism. Their population is highly dispersed, at a density four times lower than the
national average. They present profound infrastructure deficits, including lack of access to
roads, electricity, water, and social services. There is also significant insecurity in certain
areas, giving rise to substantial numbers of displaced persons and livelihood adaptations
that further undermine economic prosperity.
Vision 2030, Kenya’s long-term development strategy, targets expanded infrastructure
access as a key element in achieving higher levels of economic growth. Vision 2030 targets
an average annual economic growth rate of 10 percent between 2013 and 2030. This
significantly higher economic growth will require modern and efficient infrastructure
facilities to expand the productive sectors of the economy and improve access to markets.
The upgrade of the infrastructure platform calls for rehabilitating the road network,
upgrading the railways, improving urban public transport, and expanding access to
electricity and safe water. In an effort to improve equity of opportunity, the overall
program gives a special emphasis to expanding the access of the rural and urban poor to
basic services such as electricity, water, and sanitation.
2.1 Country and Sector Context/ Project Concept
With a population of 45 million people and a GDP of US$61 billion, Kenya is one of the
largest economies in Sub-Saharan Africa (SSA), achieving, in 2015, middle income
country status. In the past several years, the GDP growth rate, hovering above 5 percent in
Kenya, has outperformed the average for Sub-Saharan Africa – and was projected to rise
to 5.9 percent of GDP in 2016 and 6 percent through to 2017, underpinned by a strong
growth of trade and services. Kenya’s coastal location has propelled its emergence as a hub
Page | 26 KOSAP Vulnerable and Marginalized Groups Framework
for trade in East African Community countries. Information, communications and
technology (ICT) is playing a large role in the services sector, contributing 4.1 percent of
the value added in the country. Mobile phone coverage is 82 percent of the population,
with the number of Internet users and mobile money subscriptions on an upward trajectory.
Mobile payments have reduced the cost of money transfers, extended access to finance for
rural households, and has been a source of employment. Kenya also improved its business
environment as the country jumped from 129 in 2014/15 to 92 in 2016/17 in the World
Bank’s Doing Business Index1. Kenya combines vibrant economic activity in some of the
largest cities together with a continued dependence on agriculture in rural areas and widely
heterogeneous access to education, services, productive jobs, and infrastructure services.
The Government of Kenya (GoK)’s Vision 2030 aims to transform “Kenya into a newly
industrializing, middle-income country providing a high quality of life to all its citizens.”
Promoting equal opportunities across the entire Kenyan territory is key to realizing this
vision. Energy is identified as one of the key sectors that form the foundation for socio-
political and economic growth. Access to competitively-priced, reliable, quality, safe, and
sustainable energy is essential for achievement of the vision, that is why the World Bank
is willing to finance USD 155 Million for KOSAP targeting the 14 underserved counties.
In June, 2016, the World Bank committed to supporting a multi-sectoral initiative, called
North and North Eastern Development Initiative (NEDI) focusing on counties where geo-
graphic inequalities in poverty and service delivery are particularly exacerbated. NEDI
brings together a suite of transformative coordinated infrastructure investments in energy,
transport, livestock and water that are needed to connect these counties to national and
global markets. The proposed project is the energy sector investment of NEDI.
The GoK would like to expand electricity services to underserved areas through mini
grids and standalone solar systems as grid penetration remains limited, poverty is
rampant, and social exclusion is prevalent. Due to the remoteness and sometimes
dispersed nature of the target populations and considering the socio-economic profile and
lifestyles of those residing in these counties, the proposed project is designed to address
high costs of provision of infrastructure services, low affordability of the potential users,
and sustainability of service provision using an abundantly available renewable energy
resource.
The proposed project is designed around three core principles: diversification,
private sector participation and flexibility. The first principle is ensuring that the project
reaches diverse beneficiaries with varied needs including households, community facilities
such as health centres, secondary schools, county offices, boreholes. Even then, the
economies of scale are such that reaching all of these consumption points together allows
a more attractive opportunity for the private sector as well as benefits for the consumers in
the form of longer-term reliable and affordable energy services. The second principle
centres on maximizing private sector participation in the delivery of off-grid energy
services. Leveraging private sector investment will help reach a larger number of
beneficiaries, maximize project impact, and support sustainability of service. Kenya is the
leading African market when it comes to innovation around off-grid solutions and the
Page | 27 KOSAP Vulnerable and Marginalized Groups Framework
project leverages the private sector dynamics to provide reliable and sustainable services
to the population of underserved counties. Third, the project recognizes that achieving
these outcomes requires flexibility with respect to market approaches. This spectrum
ranges from fully market-delivered approaches to more regulated ones where the
government maintains a leading role in service provision. Most often, this necessitates a
hybrid approach that leverages the comparative advantages of both public and private
sectors. Such flexibility recognizes the complexities associated with delivering energy
services in off-grid areas, and seeks to maximize the likelihood of success through tailored
approaches to sustainable market development.
K-OSAP to be financed by the World Bank Group up to US$ 150 Million and Grant from
the Carbon Initiative for Development in the amount of US$5 Million to the Republic of
Kenya aims to support the Government’s initiatives of ensuring increased electricity access
to Kenya’s 14 underserved counties ng the low-income groups. The proposed project is
expected to provide electricity to approximately 250,000 households, 1030 community
facilities, and 620 boreholes. Additionally, 81,000 efficient cook stoves will be sold and
installed in the target counties.
An Independent Power Producer (IPP) with a Purchase Power Agreement (PPA) with
KPLC will implement the hybrid generation system. The IPP will invest in the fuel-based
generation component and SREP and IDA funding will finance the supply and installation
of the renewable generation facilities and the mini-grid distribution network. The
construction of the distribution infrastructure will be implemented by REA and new users
will become KPLC’s customers. To ensure sustainability of provision of electricity
services to users connected to the mini-grid, a contract between KPLC and a local company
providing operation (network and commercial) and maintenance services will be signed.
By virtue of its design, the proposed project brings together strengths of the World Bank
Group. It is a collaboration with IFC and WB’s Lighting Africa program as well as with
Finance and Markets and Water GPs of the World Bank.
Fees charged by the services contractors will be passed through in KPLC’s allowed tariff
revenues set by ERC. The selection of project areas is based on the number of potential
users and their demand. Communities with 150-400 prospective users and approximate
demand of 250-500kVA will be identified.
2.2 Project Development Objectives
The Project Development Objective is to increase access to energy services in underserved
counties of Kenya
2.3 Project Beneficiaries
The project beneficiaries are households, businesses, and community and public facilities
located in the 14 target counties. These beneficiaries will receive electricity service for the
first time and the use of electricity will replace consumption of kerosene, diesel, and dry
cell batteries and other alternative fuels.
Page | 28 KOSAP Vulnerable and Marginalized Groups Framework
The total number of households in these counties is about 1.3 million, of which 700,000
are effectively off-grid considering the economic viability of grid expansion in the next
five years, based on the preliminary results of the geospatial plan. The beneficiaries are
located in counties deemed marginalized by the CRA and consists primarily of relatively
cash-poor, remote, indigenous, and pastoralist population. Many of these areas have also
experienced significant security disruptions in recent years. Therefore, provision of
infrastructure facilities – energy and water, could have a profound impact on these
communities.
2.4 Project Components: Investments Proposed for Financing Under KOSAP
KOSAP is to increase access to modern energy services in underserved counties of Kenya.
The PDO will be achieved through the implementation of four complementary
components. They are discussed below.
Component 1: Mini-grids for Community Facilities, Enterprises, and Households
This component will support the electrification of areas where electricity supply through
mini-grids represents the least cost option from a country perspective, as underpinned by
the geospatial plan. Depending on the number of users to be supplied, and the service level
defined for each type of user (households, enterprises, community facilities, etc.), the
generation system of each specific mini-grid will combine solar PV, battery storage and
thermal units running on diesel. Mini-grids will be developed under a Public-Private-
Partnership (PPP) whereby private investment and public funds co-finance construction
of generation facilities, and public funding is used to construct the distribution network.
A single private service provider (PSP) will be responsible for construction (and partial
financing) of the generation system and for construction of the distribution network of
each mini-grid. The same PSP will sign two long-term contracts with KPLC: (i) a 7-10
year power purchase agreement (PPA) for the operation and maintenance of the generation
system, and recovery of the privately financed part of the investment; and (ii) a 7-10 year
service contract for operation and maintenance (O&M) of the distribution network,
including revenue cycle services (as required). Ultimately, after the recovery of the private
investments, all assets (both generation and distribution) will be in GoK ownership. All
electricity consumers supplied through mini-grids will be KPLC customers, and pay the
same tariff for each category charged to users connected to the national grid, ensuring
effective implementation of a national uniform tariff policy.
The component will be implemented in approximately 120 locations throughout the 14
target counties, typically in mini-grids supplying 100-700 prospective users, with
approximate total demand of 20-300kW. These potential sites, capturing approximately
27,000 consumers in total, have preliminarily been identified as part of the geospatial plan.
Each service territory will comprise 20 or more mini-grids located in geographically
contiguous areas, with 2,000 or more serviceable customers. There will be a mix of more
densely populated sites and less densely populated sites in each lot, where possible, to
Page | 29 KOSAP Vulnerable and Marginalized Groups Framework
enhance their overall commercial attractiveness. PSPs can bid separately for each lot, with
multiple lots potentially awarded to the same PSP.
REA and KPLC will jointly implement the component, with the procurement of lots
divided among them. This component will be complemented by technical assistance,
under sub-component 4.2, to (i) confirm the sites through further feasibility studies and
techno-economic analysis (ii) promote productive and efficient use of energy by users (iii)
technical, legal, and procurement support to effectively design the bidding documents and
supervise the construction of the mini-grid assets.
Component 2: Standalone Solar Systems and Clean Cooking Solutions for
Households
Component 2A: Standalone Solar Systems for Households : This component will
support off-grid electrification of households in the 14 target counties where a standalone
solar system is the most appropriate technology to deliver energy services, leveraging
Kenya’s unique off-grid solar market dynamics and innovations. The component will
provide incentives for solar off-grid companies currently operating in the more densely
populated areas of Kenya to expand to underserved counties and provide services to the
off-grid households in these counties. These services, provided through portable solar
home systems, are well-suited to some of the population in the underserved counties, as
households do not always live in permanent structures. In addition, affordability is
increased by allowing households to pay for systems over time. Willingness to pay
analysis, confirmed by the preliminary results from the MTF surveys shows there to be
over a half-million households that could theoretically afford a Tier 1 level solar home
system3.
The component will be accomplished via two financing instruments to which eligible solar
service providers (SSPs) will have access:
i. Grant Facility - Competitively awarded expansion grants, to compensate SSPs for
initial, ongoing incremental, and opportunity costs associated with an expansion of
operations in underserved counties. A percentage cap will be set within each lot so
that multiple service providers will have the opportunity to operate within the space.
A competitive approach will be used, whereby service providers will bid based on
a grant amount per household connection, with the lowest grant requirements
winning. Results-based financing will specify installment payments based on the
achievement of pre-agreed connection milestones and satisfactory after sales
service support.
2 Simulations using 2014 FinAccess household survey data show that in a scenario where 7 percent of household
expenditures are made on stopgap lighting, over 500,000 of the 1.2 million off-grid households could afford a PAYG
SHS offering (assuming a 3-light point system, offered on a monthly cost of KES 500 and paid off over 36 months).
Page | 30 KOSAP Vulnerable and Marginalized Groups Framework
ii. Debt Facility - Debt financing to solar service providers, to support upfront costs
associated with getting hardware inventory into the market, and medium-term
consumer financing to enable households to pay off the systems over time. Two
typologies of business models underpin the majority of solar service providers that
operate in the Kenyan market. First are service providers that sell solar products on
an over-the-counter (cash sale) basis. These service providers require shorter term
debt in USD or other major foreign currency to finance costs associated with
hardware manufacture and transit to Kenya (typically from China) until a sale is
made. This cycle typically lasts anywhere from 6 to 9 months. A second prevailing
business model is pay-as-you-go, whereby customers pay for the systems in
monthly installments (typically between 12-36 months), and SSPs carry the default
risk during the payback period. These businesses typically require debt financing
that is commensurate with the lending terms that they extend to their customers.
Given that service providers’ revenues are in local currency, the debt instrument
will also offer loans in Kenyan Shillings in addition to USD.
The implementation of this component will be under a direct oversight of MoEP. MoEP
will competitively select the expansion debt-grant facility manager, which will be a
consortium with demonstrated experience with managing similar instruments in Kenya
and similar geographies. An OP 10.00 assessment of financial intermediary financing will
be carried out for on the debt facility manager.
Component 2B: Clean Cooking Solutions for Households: This sub-component will
support a transition from low-efficiency baseline stoves to cleaner, higher efficiency
improved stoves. To accomplish this objective, cleaner household cooking appliances and
fuels will be promoted. Activities will begin by focusing on four underserved counties in
the northwestern part of the country (West Pokot; Turkana; Samburu; and Marsabit).
During project preparation, a Stove-Market Testing Program is being undertaken in the
municipal, town, and densely settled parts of Turkana County. The stoves to be included
will be determined following a call for Expressions of Interest for stove manufacturers
wanting their products to be exposed to these new markets. To be eligible, a woodstove
will have to prove that its efficiency tests it as a Tier 2 stove (roughly 30 percent efficient)
and a charcoal stove will have to prove that its efficiency tests as a Tier 3 stove (roughly
40 percent efficient) to be eligible for inclusion in the market tests. These tests will
involve exposing both consumers and suppliers (retailers, wholesalers, and distributors)
in the urban areas of Turkana County to these improved stoves. The results will be shared
with the communities and interested parties. Field testing for additional stoves models
may be considered during the project implementation.
This sub-component will operate a window in the grant facility established for Component
3A to support sales of eligible stoves in targeted counties. The grant facility will provide
Page | 31 KOSAP Vulnerable and Marginalized Groups Framework
the selected distributors with financial support on a matching grant and results-based
scheme to enable them to market their stoves locally within the target counties; to increase
their inventories of the selected higher quality stoves; to purchase and transport them to
the target communities in number; and to sell them to willing buyers in the communities.
Component 3: Standalone Solar Systems and Solar Water Pumps for Community
Facilities
The community facilities considered in this component are the existing and upcoming: (i)
Health facilities (Levels 2 and 3) (ii) Educational facilities (Secondary schools and
Technical training institutes); (iii) Administrative offices (for example, assistant County
Commissioner offices).
Component 3A: Standalone Solar Systems for Community Facilities. This component
will support the provision of electricity services to community facilities in remote areas
in underserved counties. A private sector contractor will be competitively selected for
each service territory to supply, install, and maintain standalone solar systems in
community facilities. A total of about 1100 facilities could be reached via this component.
KPLC, the implementing agency, would sign two (2) contracts with the contractor in each
service territory – one for the supply and installation of the standalone solar systems and
the second for the provision of maintenance services for 7-10 year duration. The contract
would specify the minimum requirements in terms of quality standards in electricity
supply for the community facilities, developed by Ministry of Health, Ministry of
Education, and Ministry of Interior. Contracts would stipulate the minimum package
acceptable as “basic service”, but allow room for provision of additional services to
community facilities. The proposed project will cover the supply and installation costs
and KPLC will pay the contractor for fees under the maintenance contract with allocation
or revenues from beneficiary facilities. The costs of maintenance contracts are expected
to be passed through into tariff revenues recognized by ERC.
KPLC will take the retail risk of serving these new consumers, for which their payment
record for such an arrangement is still unknown. Therefore, a payment risk mechanism
would be available to KPLC, to which the proposed project will set aside funds equivalent
to 6-12 months of maintenance fees that KPLC can draw upon in case of inadequate
revenues to pay the contractor.
Component 3B: Solar Water Pumps for Community Facilities: This component will
support financing solar powered pumping systems to increase sustainable access to water
supply by equipping new boreholes and retrofitting existing diesel-powered boreholes
Page | 32 KOSAP Vulnerable and Marginalized Groups Framework
associated with community facilities within the target counties. A private sector
contractor will be competitively selected for each service territory to supply, install, and
maintain standalone solar systems in community facilities.
REA, the implementing agency, would sign (2) contracts with the contractor in each
service territory to – one for the supply and installation of the standalone solar systems
and the second for the provision of maintenance services for 7-10 year duration - similar
to the design in Component 3A. The payment for these maintenance services will be
recouped on a monthly basis by the community facilities hosting these boreholes.
A payment risk mechanism would be available to REA, to which the proposed project will
set aside funds equivalent to 6-12 months of maintenance fees that REA can draw upon
in case of inadequate allocation from the beneficiary facilities to pay the contractor.
Component 4: Implementation Support and Capacity Building
Component 4.1: Consumer Education and Citizen Engagement
This sub-component will support the consumer education and citizen engagement
activities for the program’s key delivery areas (households, community facilities, water
facilities in the underserved counties). Consumers in these areas are unlikely to be aware
of the new technologies being presented and have a right to expect clear, thorough
information about the advantages of the services and how to access them. The activities
supported under this sub-component will provide recurring opportunities for consumers
to interact with service providers in order to share their feedback and concerns. For those
who have some knowledge of the products, these outreach activities will provide them
with the necessary guidance on how to get the best out of the products in the way they use
and maintain them. Finally, in these target areas, acceptance and sustained demand is
generated when the buy-in of key opinion leaders is obtained. The consumer education
and citizen engagement program will employ both Above the Line (mass media tools) and
Below the Line (one on one) channels in reaching out to different target audiences while
ensuring opportunities for two-way dialogue.
Component 4.2: Implementation Support and Capacity Building
This sub-component will support all technical studies, implementation support, and
capacity building of sector and counties. More specifically, the following are included.
First, build capacity and address the skill set requirements in KOSAP Project Coordination
Unit in MoEP and KPLC PIU and REA PIU. Second, capacity building activities in the
sector and counties, for instance related to solar technology, project management,
Page | 33 KOSAP Vulnerable and Marginalized Groups Framework
procurement, environmental and social safeguards for the sector entities, and monitoring
and evaluation. As such, funding will be used to cover the investment costs (equipment,
software, training, etc.) incurred by ERC to establish a monitoring unit. Third, relevant
studies and contracts for the investment components of the proposed projects. Fourth,
support MoEP in the development of a Strategic Planning and Program Management
(SPPM) unit with the objective of providing effective coordination and oversight in terms
of policy development, strategic planning, and project design and implementation.
2.5 Project Implementation and Institutional Arrangements
The MoEP will provide overall coordination of the Project and lead in the implementation
of Component 2, which will include overall responsibility for safeguards due diligence,
and compliance monitoring. MoEP will ensure that Terms of Reference (ToR) for hiring
the Facility Management Consortium (FMC) contain clauses that relate to safeguards and
Occupational Health and Safety (OHS) competencies and specific tasks related to
safeguard monitoring and enforcement. The selected FMC (Grant and Debt Managers) will
be responsible for coordinating and supporting the implementation of safeguards, and will
prepare Facilities Implementation Manual (FIM) that will include checklist for subprojects,
their potential threats, and mitigation measures as well as capacity building for safeguards
implementation and compliance monitoring. MoEP will submit FIM to the Bank for review
and clearance. Thus, solar companies who bid for any of the subprojects under this
component will have to indicate their respective bids how they intend to address
environmental and social sustainability issues that could be associated with the provisions
of those services. The selected solar companies will be responsible for implementing the
safeguards on the ground, including ensuring compliance with occupational health and
safety imperatives and dealing with de-manufacturing of out-of-use solar devices, e-waste
disposal and recycling. The generation of safeguard reports during implementation of
project activities will start from the solar companies and through the FMC to MoEP.
KPLC and REA will jointly be responsible for the implementation of Components 1 and
3; Component-1 (Mini-grids for Community Facilities, Enterprises, and Households)
will be developed under the Public Private Partnership (PPP) and a single contractor will
be responsible for construction of the generation system , the contractor will prepare
appropriate safeguards instruments that will be consulted upon, reviewed and cleared by
the Bank and locally disclosed. Under Component 3 (Standalone solar systems for
community facilities), KPLC and REA have overall responsibility for safeguards due
diligence and the private sector contractors hired for supply, installation and maintenance
will be responsible for preparing a checklist for subprojects, their potential threats, and
mitigation measures as well for safeguards implementation and compliance monitoring.
Page | 34 KOSAP Vulnerable and Marginalized Groups Framework
REA will be responsible for managing the carbon finance sub-component from Ci-Dev.
KPLC and REA will establish their respective Project Implementation Units (PIUs) to
manage their specific components.
Specifically, KOSAP PCU hosted in MoEP will be responsible for the overall coordination
of the project implementation and oversight including the following: (i) defining, jointly
with the respective county governments, the project areas based on technical and policy
development priorities; (ii) resolving in consultation with the county governments
challenges requiring high level intervention facing the project; (iii) monitoring the
implementation of the project in consultation of the counties; and (iv) consolidating
information
2.5.1 Ministry of Energy and Petroleum
The main agency involved in implementation of the VMGF will be the Ministry of Energy
and Petroleum (MOEP). As the implementing agency, responsible for project coordination,
it will have overall responsibility for the implementation of KOSAP and will act as the
central agency responsible for holding all information relevant to the VMGF and
subsequent VMGPs.
MoEP will be responsible for the overall coordination of the project implementation and
oversight including the following: (i) defining, jointly with the respective county
governments, the project areas based on technical and policy development priorities; (ii)
resolving in consultation with the county governments challenges requiring high level
intervention facing the project; (iii) monitoring the implementation of the project in
consultation of the counties; and (iv) consolidating information from implementing
agencies on progress of implementation and evaluating the project.
The Ministry will be responsible for ensuring the successful implementation of the
safeguards instruments prepared under the project. However, as the day-to-day running of
the two financing instruments under the component will be delegated by the MoEP to a
consortium of Fund/Facility Managers, the MoEP will ensure that the ToRs for the
Fund/Facility Managers include clauses that clearly relate to safeguards and OHS
competencies and that related tasks are reflected in the ToRs with regard to safeguards
implementation, monitoring and enforcement. In addition, the Facilities Implementation
Manual to be prepared by the Fund/Facility Management Consortium will include a
checklist of the sub-projects, their potential threats and preventive or mitigation measures,
as well as capacity building for safeguard implementation and compliance monitoring.
2.5.2 Rural Electrification Authority
The Rural Electrification Authority an agency of government under the MoEP will
implement KOSAP project component 1 and 3, and managing the Carbon Financing. It
will be responsible for: (i) Project preparation; (ii) Appraising and approving sub projects,
organizing the management resources; (iii) Ensuring adequate and capable management
resources; (iv) Conducting appraisals and approval of technical design, total cost estimates
Page | 35 KOSAP Vulnerable and Marginalized Groups Framework
and cost estimates of the sub; (v) Negotiating, signing and supervising the implementation
of contracts; (vi) Implementation of safeguards activities; (vii) Mini grids land and way
leaves acquisition (if required), and (viii) Signing the on-lending and on-grant agreements
with National Treasury for the credit and grant, repaying credit proceeds.
Rural Electrification Authority will be also responsible for the needed safeguards
instrument, in this case RAP for the Component 1 and 3, in accordance to the RPF. REA
will screen the proposed KOSAP project to determine their viability and feasibility. Once
the KOSAP projects is proposed for funding, REA will form a RAP team that will prepare
RAP forward to the World Bank for review. The preparation and implementation of
individual RAPs is the responsibility of the relevant implementing agencies.
2.5.3 Kenya Power and Lighting Company (KPLC)
Kenya Power and Lighting Company will have the responsibility for implementing
component 1-3 which will involve: (i) project preparation; (ii) Appraising and approving
sub projects, organizing the management resources; (iii) Ensuring adequate and capable
management resources; (iv) conducting appraisals and approval of technical design, total
cost estimates and cost estimates of the subproject; (v) negotiating, signing and supervising
the implementation of contracts; (vi) implementation of safeguards activities; (vii) Mini-
grids land and way leaves acquisition (if required), and (viii) signing the on-lending and
on-grant agreements with National Treasury for the credit and grant, repaying credit
proceeds.
Kenya Power and Lighting Company will be also responsible for the needed safeguards
instrument, in this case RAP for the Component 1 and 3, in accordance to the RPF. KPLC
will screen the proposed KOSAP subprojects to determine their viability and feasibility.
Once the KOSAP projects is proposed for funding, KPLC will form a RAP team that will
prepare RAP forward to the World Bank for review and clearance. The preparation and
implementation of individual RAPs is the responsibility of the relevant implementing
agencies.
2.5.4 Project Implementation Unit (PIU)
MoEP will establish a PCU reporting to the Director of Renewable Energy, MoEP will
establish a PCU reporting to the Director of Renewable Energy, the KPLC, REA will have
representatives at the MoEP PCU. This unit is expected to be part of the new Strategic
Planning and Program Management Unit to be set up in MoEP, supported by this project
and envisaged to possess a broader mandate. All the World Bank funded PIUs in MoEP
will be merged into one, responding to the directive by National Treasury. Therefore, the
project coordinator of KOSAP PCU will be same as for the ongoing World Bank projects.
The PCU will be the secretariat for steering group, technical working group, and county
working group. The PCU will be strengthened with a procurement specialist, a FM
specialist, a M & E specialist, a communications specialist, an environment and social
safeguards specialist, two technical advisors, and fourteen county renewable energy
officers. The county renewable energy officers will be located in each county and will be
the project liaison person during the project implementation. The county project
coordinator will work under the guidance of the PCU Project Coordinator and the county
Page | 36 KOSAP Vulnerable and Marginalized Groups Framework
executive for energy and will be responsible for organizing the county working group
meetings.
KPLC, REA, Project Implementation Units (PIUs). Each agency will have specific PIUs
for project implementation seconded from their existing staff cadre. The KPLC PIU will
be led by Chief Engineer (Rural Electrification) and will include procurement specialist,
project economist, project finance specialist, environmental and social safeguards
specialists, and project engineers. The REA PIU will be led by a project manager and will
include a renewable energy officer, procurement officer, project engineers, and
environmental and social safeguards specialist.
Figure 1: KPLC Project Implementation
Figure 2: REA Project Implementation
Manager Electrification
Procurement Coordinator
Financial
Coordinator (KPLC))
Technical
Coordinator (KPLC)
Supervision
Coordinator (IC)
PIU KOSAP- AF
Chief Engineer
PIU Chief Engineer
Accountant
Specialist (KPLC)
Detail design and
implementation of
RPP (IC)
KPLC General
Manager
Infrastructure
Environmental and
social aspects (KPLC)
Procurement
Specialist (KPLC) Regional field supervision engineers (ICs) (depending on the of contracts)
& KPLC Assistant Engineers x 6
Management of warehouse for supplying material to work’s
contractors (KPLC)
Page | 37 KOSAP Vulnerable and Marginalized Groups Framework
CEO
Project Manager
Renewable Energy
Engineer
Design / Construction
Engineer
wayleave Officer
Property Officer
Project Accountant
Assistant Accountant
Procurem Officer
Procurement Officer
Legal Expert
Emnvironmental Specialist
Design
Engineer
Surpervision Engineers
(x14)
M&E Specialist
Page | 38 KOSAP Vulnerable and Marginalized Groups Framework
3 JUSTIFICATIN FOR VMGF, METHODOLOGY AND CONSULTATIONS
3.1 Justification for a VMGF
A Vulnerable and Marginalised Groups Framework is developed when a proposed project
design is not yet finalised and it is impossible to identify all of the impacts, as is required
to prepare a Vulnerable and Marginalised Groups Plan (VMGP). This situation applies to
all the related KOSAP components. At the time of preparation of this VMGF, (a) Host sites
had not yet been identified; and (b) Those vulnerable and marginalised groups whose rights
and livelihoods may be affected by the KOSAP Components have not yet been defined, as
the location or alignment of the sub projects are yet to be decided.
During project preparation, it has become clear that the sub project investments under
KOSAP will be undertaken in areas where indigenous people are present or have collective
attachment to the project area. To qualify for funding from the Bank and following best
practice documented in the World Bank’s policy on Indigenous Peoples (OP 4.10), July
2005, the Government of Kenya has commissioned the preparation of a Vulnerable and
Marginalised Groups Framework (VMGF) to ensure that the development process fully
respects the dignity, human rights, economies, and culture of vulnerable and marginalised
people and that the KOSAP sub projects have broad community support from the affected
vulnerable and marginalised people.
In such cases, and when the Bank’s screening indicates that VMGs are likely to be present
in, or have collective attachment to, the project area, but their presence or collective
attachment cannot be determined until the programs or investments are identified, the
borrower (in this case GOK) prepares a Vulnerable and Marginalized Groups Framework
(VMGF). The VMGF provides for the screening and review of the proposed sub projects
in a manner consistent with OP 4.10. The KOSAP will integrate the VMGF
recommendations into the project design of each sub project.
It should be noted that minimal, if any, negative impacts are anticipated as a result of the
project. Most of the impacts anticipated will be positive for all communities, including for
VMGs. As a result, a key focus of the VMGF and the VMGPs will be to propose pro-active
steps for such groups to benefit from the project. It is generally envisaged that the
Vulnerable and Marginalized Populations do not have access to these services in a similar
way to other ethnic communities in Kenya.
The VMGF outlines the processes and principles of screening to determine if a proposed
investment has impacts – positive or negative - on vulnerable communities. This VMGF
sets out the procedures and processes for the preparation of a VMGP, including the social
assessment process, free, prior and informed consultations and stakeholder engagement,
disclosure procedures, communication and grievances redress mechanism. A detailed
VMGP will be prepared for each component once a project location is identified and
screening conducted and determination via screening is made that VMGs are present in the
project investment area.
Page | 39 KOSAP Vulnerable and Marginalized Groups Framework
The VMGF recognizes the distinct circumstances that expose VMGs to different types of
risks and impacts from development projects as social groups with identities that are often
distinct from dominant groups in their national societies. VMGs are frequently among the
most marginalized and vulnerable segments of the population. At the same time, VMGF,
together with the Resettlement Policy Framework (RPF) and Environmental and Social
Management Framework (ESMF) already prepared for KOSAP, recognizes that VMGs
should benefit from this project’s solar energy /green technology and the benefits of
lighting up in order to ensure long-term sustainable management of energy resources.
This VMGF describes the policy requirements and planning procedures that KOSAP will
follow during the preparation and implementation of components especially those
identified as occurring in areas where VMGs are present.
3.2 Methodology for the preparation of the VMGF
The process followed in the preparation of this VMGF consisted of:
Collation of baseline data on the Vulnerable and Marginalized Communities in
Kenya including lifestyle, livelihood, history;
Identification of positive and negative impacts of the proposed sub projects on the
VMGs;
Formulation of monitoring and evaluation plan.
The process involved two key activities – detailed literature review and consultations with
the VMGs as shown below.
3.2.1 Detailed and in-depth literature review
Literature review was undertaken and helped in gaining a further and deeper understanding
of the VMGF for project. Among the documents that were reviewed in order to familiarize
and deeply understand the project included:
World Bank Indigenous Peoples Operational Policy OP 4.10
Other relevant VMGF documents prepared in Kenya for bank projects
KOSAP Project Appraisal Document
Constitution of Kenya
Land Act
National Land Commission Act
Community Land Act
Relevant legislative documents in Kenya on vulnerable and marginalised groups
3.2.2 Consultations with VMGs from the Six Counties
Public Consultation with key stakeholders to disclose and deliberate on the draft VMGF
was done on 16th March 2017. The objectives of the consultation were to disclose
information on KOSAP and disclose the draft VMGF to relevant representatives of VMGs
from six counties – Tana River, Lamu, Kilifi, Kwale, Taita Taveta and West Pokot – and
to provide opportunity to the VMGs to voice their opinions and concerns on different
aspects of the project. A total of 38 VMGs representatives from the six counties
participated in the consultative workshop. They included 15 women and 23 men and in
Page | 40 KOSAP Vulnerable and Marginalized Groups Framework
both cases, there were representatives of women and youth led community based
organizations.
The feedback was overall positive and the VMG representatives were supportive of the
project objective of increasing access to electricity for the underserved counties. They were
also broadly satisfied with the proposed safeguard instrument and the mitigation measures
provided for in the instruments. The main concerns raised were around ensuring the project
addressed issues of (a) accessibility to VMGs; (b) to use already existing community
grievance redress mechanism; (c) KOSAP to borrow from the project implementation
strategies that are existing in the VMG communities; (d) there should be no discrimination
of employment among the VMGs during the implementation phase of the project, and, (e)
need to undertake a in-depth public consultation in all VMG villages in the respective
counties.
The opinions and suggestions aired by the VMGs will assist in taking appropriate decisions
for effective engagement of Vulnerable and Marginalized Groups where the sub-projects
will be implemented. The consultations were aimed at fostering an atmosphere of
understanding about the project among individuals, groups and organizations, who could
affect or be affected by the sub-projects. As a part of project implementation, an effective
public consultation and access to information plan will be developed. The exact sub-project
sites are not yet identified. Once they are established individual VMGPs will be prepared
as required by World Bank guidelines and further public consultations and stakeholder
engagements will be conducted at this stage. While this VMGF was prepared in
consultation with VMGs from the six counties in which VMGs are not the overwhelming
majority, its provisions will be applicable to the entire project, particular, the principle of
free, prior and informed consultations with the minority groups that are found in the
overwhelmingly IP counties that have been identified in the Social Assessment report, as
well as in the preparation of VMGPs, the establishment of GRM and in the monitoring of
the implementation process.
The table below summarizes the main social issues raised and the responses by MoEP,
KPLC and REA to some of them. The list of participants is in Annex 8 this VMGF report.
Overall comments/views on the project and sub-projects (the components)
a. Have the project sites been selected? No, which is why we are consulting on the
VMGF
Could the project pump water from the river for small scale irrigation by farmers
who are far from the river. Since this is related to the project, we will take it up
as a recommendation for further consultations
When will the project start and what is the timeframe of the project? The project
will start soon and it will run for 5 years
How can we be sure that the project will reach the VMGs? Since it will be
implemented in the six counties inhabited by the IPs definitely they will benefit
Will the VMGs be represented in the decision-making levels of the project? Yes,
at all levels
Will the implementers have the good will to serve the community? Yes, there is
a good will of serving the community through KOSAP
Page | 41 KOSAP Vulnerable and Marginalized Groups Framework
How will we know when the project is starting to enable us or our youth apply
for jobs? We will call you, just we have done for this VMGF consultations, to
inform you of the start of the project
When the time comes, do include women in employment opportunities
In case of compensation, ensure you compensate the right person, undertake
proper due diligence to confirm ownership of assets
In case of compensation for land, how will this project compensate us
(Munyoyaya from Tana River Central) since we don’t have titles and our land
has not been adjudicated? The land act and the community land act will be
followed
Solar uses battery, how will the batteries be maintained? The project will ensure
installation/connection fee is affordable. Sustainability costs however will be
borne by the household, community or institution as the case may be.
There will be need for community education/awareness creation.
How will compensation for long-term livelihood investments such as coconut
trees be handled to ensure it is adequate, given that coconut is a lifetime
livelihood strategy? Government compensation rate will be followed
Some people may not be able to afford installation or connection fee, how will
they be helped by the project? The KOSAP will take care of it
There will be need for community education/awareness creation
Comments/views on positive and negative impacts
b. The project will have positive impacts e.g. employment creation, provision of
raw materials, improved health service delivery etc.
Since independence, we are being targeted for the first time through these WB
funded projects (KCDP and KOSAP)
Proposals for free, prior and informed consultations
c. Use the approach/process that was used under KCDP for the formation of the
relevant consultation, implementation, grievance redress and monitoring
institutions. This involves coming to the impacted community to confirm if the
existing institutions should be used or if new should be established
Proposals for institutional arrangements for grievance redress
d. Use existing community grievance redress institutions such as the elders’ system,
then community level government institutions such as head man, assistant chief,
chief, then higher level government institutions and PIU, then court
For Munyoyaya, use the clan system for grievance redress based on the elder
system, with the traditional King as the ultimate arbiter. Anybody who goes to
court is cursed.
Proposals for participation in implementation monitoring
e. See c and d above
Proposals for disclosure of documents
f. Get a representative from each community to receive the reports and share with
the community
Bring reports to a central place which is accessible to the community
Page | 42 KOSAP Vulnerable and Marginalized Groups Framework
4 LEGAL FRAMEWORK AND VULNERABLE AND MARGINALIZED
GROUPS IN KENYA
This section describes the Kenya’s legal and institutional framework with respect to
vulnerable and marginalized groups and provides an analysis of the similarities and
differences between OP 4.10 and Kenya’s legal frameworks.
4.1 Constitution of Kenya, 2010
The Government of Kenya uses the term “vulnerable and marginalized groups,” which the
2010 Constitution of Kenya recognizes as groups being in a disadvantaged position in
relation to dominant communities in the country.
The 2010 Constitution of Kenya (CoK) 2010 does not provide a definition of indigenous
peoples but mentions “marginalized groups” and “marginalized communities.” In this
regard, article 260 of the constitution defines “marginalized group” as “a group of people
who, because of laws or practices before, on or after the effective date, were or are
disadvantaged by discrimination on one or more of the grounds in Article 27(4). Article
260 goes on to define a Marginalized Community as:
a) “A community that because of its relatively small population or for any other
reason, has been unable to fully participate in the integrated social and economic
life of Kenya as a whole;
b) A traditional community that, out of a need or desire to preserve its unique culture
and identify from assimilation, has remained outside the integrated social and
economic life of Kenya as a whole;
c) An indigenous community that has retained and maintained a traditional lifestyle
and livelihood based on a hunter-gatherer economy;
d) Pastoral persons or communities, whether they are (i) nomadic; or (ii) a settled
community that, because of its relative geographic isolation, has experienced only
marginal participation in the integrated social and economic life of Kenya as a
whole.”
The 2010 Constitution of Kenya captures the disadvantaged position of vulnerable and
marginalized groups in relation to other dominant communities in Kenya. It “promotes and
pledges to protect the diversity of language of the people of Kenya and promotes the
development and use of indigenous languages” (Article 7 (3). It spells out human dignity,
equity, social justice, inclusiveness, equality, human rights, nondiscrimination and
protection of the marginalized as national values and principles of governance (Article 10
(2)(b)). The Constitution explicitly recognizes marginalized communities, minority, and
vulnerable groups and provides the means to address their concerns.
The Constitution requires the state to address the needs of vulnerable groups, including
“minority or marginalized” and “particular ethnic, religious or cultural communities”
[Article 21(3)]. It also provides for: affirmative action programs and policies for minorities
and marginalized groups [(Articles 27(6) and 56)]; rights of “cultural or linguistic”
communities to maintain their culture and language [(Articles 44(2) and 56)]; protection of
community land, including “ancestral lands and lands traditionally occupied by hunter-
Page | 43 KOSAP Vulnerable and Marginalized Groups Framework
gatherer communities” (Article 63); and an equalization fund to provide basic services to
marginalized areas (Article 204).
Article 69(1)(a) compels the State to: “ensure sustainable exploitation, utilization,
management, and conservation of the environment and natural resources”, and Article
69(1)(d) requires the state to “encourage public participation in the management, protection
and conservation of the environment.”
Article 56 requires the state to “ensure that vulnerable and marginalized groups have
reasonable access to water, health services and infrastructure.”
Representation. Exclusion from participation in the governance and political life of the
country. Article 56 states that the State “shall put in place affirmative action programs to
ensure that minorities and marginalized groups participate and are represented in
governance.”
Article 7(b) obligates the State “to promote the development and use of indigenous
languages” and Article 11(2)(a) obliges it to promote all forms of cultural heritage.
4.1.1 Constitutional Implementation
Kenya’s 2010 Constitution provides a rich and complex array of civil and political rights,
socio-economic rights and collective rights that are of relevance to indigenous
communities. However, important constitutional provisions alone are not enough. They
require a body of enabling laws, regulations and policies to guide and facilitate their
effective implementation. In 2011, Kenya’s parliament enacted 22 laws. In the main, these
laws are of general application and will have a bearing on the way in which the state
exercises power in various sectors, some of them of fundamental importance to indigenous
communities.
Laws relating to reform of the judiciary, such as the Supreme Courts Act as well as the
Vetting of Judges and Magistrates’ Act, are already transforming the way in which the
judiciary is dealing with claims presented to it by local communities. The revamped
judiciary is already opening its doors to the poorest and hitherto excluded sectors of
Kenyan society.
Additionally, the adoption of a law establishing the Environment and Land Court is
important for VMG communities given that the Court will “hear and determine disputes
relating to environment and land, including disputes: (a) relating to environmental planning
and protection, trade, climate issues, land use planning, title, tenure, boundaries, rates,
rents, valuations, mining, minerals and other natural resources; (b) relating to compulsory
acquisition of land; (c) relating to land administration and management; (d) relating to
public, private and community land and contracts, chooses in action or other instruments
granting any enforceable interests in land; and (e) any other dispute relating to environment
and land.”
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The Revenue Allocation Commission is mandated by Article 204 of the Constitution to
earmark 0.5% of annual state revenue to the development of marginalized areas, in addition
to 15% of national revenue for direct transfer to county governments.
Specifically, the its tasks as spelt out in the Constitution include: (i) Recommend on
equitable sharing of revenues between National and County Governments; and among
Counties, Article 216 (1)(b)); (ii) Recommend on financing and financial management of
County Governments (Article 216 (2); (iii) Define and enhance revenue sources of
National Government and County Governments (Art. 216 (3) (b); (iv) Encourage fiscal
responsibility by National and County Governments (Article 216 (3) (c); and (v)
Determine, publish and regularly review a policy in which it sets out the criteria by which
to identify the marginalized areas for the purposes of Article 204 (2) (Article 216 (4)).
The constitution has further established the Equalization Fund as the instrument with which
CRA it to achieve its mandate. The objective of the equalization fund is to eradicate
marginalization and other forms of economic inequalities in Kenya and to bring all groups
into mainstream development within 20 years from the date of promulgation of the COK,
2010. There is clear overlap between the counties designated as marginalized by the CRA
and the location of marginalized groups.
In Article 59 of the Constitution established the Human Rights Commission, the
Commission on Administrative Justice and the National Gender Equality Commission
which are all tasked with increasing inclusion and equality in accessing services.
4.2 Definition and Treatment by the World Bank’s Policy
The World Bank has a set of “Do No Harm” safeguard policies that are meant to protect
project affected persons (PAPs) from impacts and actions of Bank financed projects: Some
of the World Bank’s development activities have significant impacts on the rights and
livelihoods of VMGs, who worldwide constitute the “poorest of the poor and continue to
suffer from higher rates of poverty, lower levels of education and a greater incidence of
disease and discrimination than other groups” (World Bank 2010). Since the early 1980s
the World Bank Group (WBG) has adopted a number of policies, designed to mitigate harm
to indigenous peoples in WBG-financed projects (Mackay, 2005). These have been
referred to as safeguard policies.
The World Bank Operational Policy/Bank Procedures Indigenous Peoples (OP/BP 4.10).
The operational policy requirement that Bank-financed projects are designed not only to
avoid adverse impacts but equally important to recognize that “the distinct identities and
cultures of VMGs remained inextricably linked to the lands they inhabited and the natural
resources they depended upon to survive”. The policy provides processing requirements
for VMGs that include: (i) screening, (ii) social assessment, in consultations with
communities involved, (iii) preparation of Indigenous Peoples Plan (IPP) or Indigenous
Peoples Policy Framework (IPPF) and, (iv) disclosure. It also requires the borrower to seek
broad community support of VMGs through a process of free, prior and informed
consultation before deciding to develop any project that targets or affects VMGs.
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The World Bank, like the UN, has no definition of IP: because of the varied and changing
contexts, in which VMGs live, and because there is no universally accepted definition of
IP (paragraph 3), OP 4.10 does not “define the term.” Instead, it presents a set of
characteristics for identifying VMGs. For purposes of this policy, “the term Indigenous
Peoples is used in a generic sense to refer to a distinct, vulnerable, social and cultural
groupi possessing the following characteristics in varying degrees:
self-identification as members of a distinct indigenous cultural group and
recognition of this identity by others;
collective attachment to geographically distinct habitats or ancestral territories
in the project area and to the natural resources in these habitats and territoriesii
customary, cultural, economic, social, or political institutions that are separate
from those of the dominant society and culture; and
an indigenous language, often different from the official language of the
country or region.
4.3 Treatment of Indigenous Peoples/VMGs and 2010 Constitution of Kenya Legal
and Policy Frameworks
The CoK, 2010, does not specifically use the term IP, it is nevertheless robust in articles
that define vulnerability and marginalization, including issues that VMGs cite as the
reasons for their self-identification. It also addresses social exclusion in general. Article
260 of the Constitution defines a “marginalized community” as: (a) a community that,
because of its relatively small population or for any other reason, has been unable to fully
participate in the integrated social and economic life of Kenya as a whole;(b) a traditional
community that, out of a need or desire to preserve its unique culture and identity from
assimilation, has remained outside the integrated social and economic life of Kenya as a
whole;(c) an indigenous community that has retained and maintained a traditional lifestyle
and livelihood based on a hunter or gatherer economy; or (d) pastoral persons and
communities, whether they are (i) nomadic; or (ii) a settled community that, because of its
relative geographic isolation, has experienced only marginal participation in the integrated
social and economic life of Kenya as a whole4.
Similarly, the COK, 2010, defines ‘marginalized group’ as: a group of people who, because
of laws or practices, on, or after the effective date, were or are disadvantaged by
discrimination on one or more of the grounds in Article 27 (4) which prohibits
discrimination on the basis of ethnic or social origin, religion, conscience, belief, culture,
dress or language. In addition, article 27(6) calls on the state to undertake, ‘legislative and
other measures, including affirmative action programmes and policies designed to redress
any disadvantage suffered by individuals or groups because of past discrimination’. This
article prohibits both direct and indirect discrimination.
Articles 56 and 260 of the Constitution are a clear demonstration of the intentions of the
country to deal with the concerns of minority and marginalized groups: The definition of
marginalized communities and groups by the COK, 2010, and the provisions for
affirmative action programmes for minority and marginalized groups are efforts to provide
4Ditto
Page | 46 KOSAP Vulnerable and Marginalized Groups Framework
a legal framework for the inclusion of minority and marginalized groups into mainstream
development of the country. These articles present the minority and marginalized groups
including groups that fit the OP 4.10 criteria as a unique category of certain segments of
the Kenyan population that deserve special attention in order to bring them to per with the
rest of the country.
The Constitution of Kenya requires the State to address the needs of vulnerable groups,
including “minority or marginalized” and “particular ethnic, religious or cultural
communities” (Article 21.3): The Specific provisions of the Constitution include:
affirmative action programs and policies for minorities and marginalized groups (Articles
27.6 and 56); rights of “cultural or linguistic” communities to maintain their culture and
language (Articles 7, 44.2 and 56); protection of community land, including land that is
“lawfully held, managed or used by specific communities as community forests, grazing
areas or shrines,” and “ancestral lands and lands traditionally occupied by hunter-gatherer
communities” (Article 63); promotion of representation in Parliament of “…(d) ethnic and
other minorities; and (e) marginalized communities” (Article 100); and an equalization
fund to provide basic services to marginalized areas (Article 204).
4.4 Other Legal and Policy Provisions that Facilitate Operationalization of OP 4.10
within Kenya’s Legal Frameworks
Kenya’s legal and regulatory framework has inclusion of several provisions, policies and
instruments that if well developed and implemented hold promise for addressing
marginalization and inclusion of VMGs. These include:
a) The National Land Policy (NLP): The NLP was endorsed in 20095while the Land
Act, Land Registration Act and National Land Commission Act were adopted in
May 2012.6According to the policy, a Community Land Act is scheduled to be
adopted within five years of the enactment of the new Constitution, along with a
number of other land related laws and regulations. The NLP includes a key policy
principle for restitution of land rights of minority communities as a way of
restoration and protection of land rights which were violated by colonial and post-
colonial governments (articles 3.6.1.2 and 3.6.6 on restitution and land rights of
minority communities respectively). The policy calls on the GoK to secure
community land and to “document and map existing forms of communal tenure,
whether customary or non-customary, in consultation with the affected groups, and
incorporate them into broad principles that will facilitate the orderly evolution of
community land law” (article 3.3.1.2, paragraph 66).
b) The Forest Act of 2005 and Forest Policy of 2007 both provide some provisions for
the customary rights of forest communities and community forestry: The Forest Act
states, that “nothing in this Act shall be deemed to prevent any member of a forest
community from using, subject to such conditions as may be prescribed, such forest
produce as it has been the custom of that community to take from such forest
otherwise than for the purpose of sale” (Article 22), and “…may include activities
such as ‘collection of forest produce for community based industries’’
5 Sessional Paper No. 3 of 2009, Ministry of Lands 6 The Land Act No. 6 of 2012, the Land Registration Act No. 3 of 2012, and the National land Commission
Act No. 5 of 2012
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(Article47.2.e) under a license or management agreement. The Act defines a
"forest community" as “a group of persons who: (a) have a traditional association
with a forest for purposes of livelihood, culture or religion […] (Article 3). The
Forest Policy recognizes the “traditional interests of local communities customarily
resident within or around a forest” (paragraph 4.3).
c) The National Policy on Culture and Heritage (2009) aims to promote and protect
the cultures and cultural diversity among Kenya’s ethnic communities. This
includes the protection of indigenous languages, the expression of cultural
traditions, knowledge, and practices, traditional medicines, and community rights.
d) Ministry of Education’s Sessional Paper No. I of 2005: A Policy Framework for
Education, Training and Research - Meeting the Challenges of Education, Training
and Research in Kenya in the 21st Century. This sessional paper establishes that
the language of instruction shall be the mother tongue in lower primary school
(classes 1-3) in the rural areas, and that a culturally sensitive approach must be used
to address the learning needs of different communities – including the VMGs.
e) Policy Framework for Nomadic Education in Kenya (COK, 2010): Free and
mandatory education was introduced in Kenya in 2003. However, the pastoralist
areas have continuously recorded a much lower enrollment and completion rates as
compared to the rest of the country. The Government of Kenya formally adopted
the Nomadic Education Policy in 2010 to boost education access to Nomadic
communities. The policy contemplates education terms based on seasons rather
than calendar terms. The policy considers use of an academic calendar that would
be flexible and factor in climatic conditions and patterns of nomadic livelihood.
The policy provides for the development of curriculum that would be useful to
pastoral lifestyle. The policy further proposes creation of a National Council for
Nomadic Education.
f) National Policy for the Sustainable Development of Northern Kenya and other Arid
Lands. The policy states that the Government will put in place an institutional and
legal framework for the development of Northern Kenya and other arid lands. The
policy thus calls on the government to establish a range of institutions that will
provide long-term continuity in Arid and Semi-Arid Land (ASAL) development,
including a National Drought Management Authority and National Drought and
Disaster Contingency Fund to increase responsiveness to drought, National Council
on Nomadic Education, a Northern Kenya Education Trust, a Livestock Marketing
Board, and a Northern Kenya Investment Fund.
These similarities and differences between Kenya’s key legal framework (COK) and
Bank’s OP. 4.10 are reflected in the table below.
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4.5 Similarities and Differences between COK and OP. 4.10
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Page | 50 KOSAP Vulnerable and Marginalized Groups Framework
4.6 Similarities and Differences
The Constitution of Kenya and other related legislations as shown in the tables above have
a lot of similarities with the tenets of OP. 4.10. There is considerable overlap between
groups identified by the government of Kenya as vulnerable and marginalized and groups
that have triggered OP 4.10. Similarly, the groups identified both by the government and
in the context of Bank-supported operations align with some of the groups that have been
identified by the African Commission on Human and Peoples’ Rights (ACHPR) in its
conceptualization of the notion of indigeneity and what it means in the African context.
Overall, there is no contradiction between the objectives and key principles of the OP 4.10
and the Kenyan Constitution. The implementation of some key Constitutional provisions
would create an environment supportive of the application of the application of OP 4.10 in
Kenya. Summary Profile of Vulnerable and Marginalized Groups in Kenya which may
possibly meet the Criteria of OP.4.10
In Kenya, the peoples who identify with the indigenous movement are mainly pastoralists
and hunter-gatherers as well as a number of small farming communities. Pastoralists are
estimated to comprise 25% of the national population, while the largest individual
community of hunter-gatherers’ number approximately 30,000. Pastoralists mostly occupy
the arid and semi-arid lands of northern Kenya and towards the borders between Kenya
and Somalia, South Sudan, Ethiopia and Uganda.
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5 POTENTIAL POSITIVE AND NEGATIVE IMPACTS OF KOSAP ON
VULNERABLE & MARGINALISED GROUPS
Critical to the determination of potential benefits or adverse impacts is an analysis of the
relative vulnerability of, and risks to, the affected vulnerable and marginalized
communities.
5.1 Potential Beneficial Impacts
The proposed project aims to support GoK’s announced objective of reaching all Kenyan
consumers with energy services. About 700,000 households and 27,500 thousand
community facilities remain un-electrified and unlikely to be reached by the grid in the
immediate future. The project proposes a comprehensive suite of investments to provide
electricity services to households, enterprises, community facilities, and boreholes, with
pragmatic business models to attract private sector investment, sustainable services, know-
how and efficiencies. A substantial technical assistance component is proposed to support
a widespread consumer education campaign to inform and engage with citizens; create a
new strategic planning and program management unit to coalesce sector planning and NES
implementation efforts; launch an inclusive county capacity building program across
various dimensions identified through a needs assessment; and establish a pilot for the
provision of cooking solutions in the underserved counties.
The anticipated benefits of the proposed KOSAP to the VMGPs will include:
Economic status
The livelihoods of the VMGs will be boosted due to:
- During the construction of the project, there will be employment
opportunities for both professionals and unskilled workers from
the community.
- Expenses on purchase of kerosene reduced and thus channeling of
money to purchase of food staffs
- Time devoted to fetching water using hand pumps will be reduced
and more time assigned to other economic activities.
- Livelihood diversification such as small scale irrigated agriculture,
Kitchen gardens.
Solar energy, specifically PV solar energy, provides the underserved
counties with an opportunity to diversify its economy in a way that
is not dependent on non-renewable resources and will lead to new
business sales and economic stimulation for the VMGs
Education The proposed project will provide light to homes and schools; thus,
the school going children will be able to study and hence improve the
education standards in the areas where children have been using
unreliable lighting from kerosene lamps and firewood.
Availability of time for learners to study in and out of school.
Many school girls will be able to carry out their studies at home and
hence there will be reduction in school dropouts as a result of early
pregnancies
Social impacts
The level of family cohesion and interaction will increase
substantially.
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The amount of time devoted to the vulnerable and marginalized
components of the VMGs such as children, PLWDs and the elderly
if any will be increased as a result of:
- More and quality time spend with family.
- Increase in community interaction.
- Reduction of time spent in fetching water using hand pumps
- Queuing for water significantly reduced.
- Attendance in community organizations’ events.
Health impacts With the project, there will be availability of drugs in local health
centres which require their storage in the fridges,
Reduction of kerosene smoke related diseases,
Safe deliveries for expectant mothers since the health facilities can
be equipped with some equipment that require electricity to operate.
Gender
The component will create an enabling environment for attaining
gender parity among the VMGs by:
- Increasing the number of girls attending school, thereby
improving gender inequalities in school enrolment.
- Improving women’s literacy levels.
- Increased participation of women and young people in project
meetings and activities.
- Increased participation of women in non-domestic activities
Beliefs and
Culture
Access to energy would increase the use of devices such as
television, mobile phones, computers etc. among the VMGs,
resulting in improvement in their scope of knowledge. This would
mean many people would be exposed to more information from the
national level and other happenings in the world.
There will be improved skills base amongst the youth in the
community
For long, some community members have believed that having
electricity in the house is a health hazard. This is a belief that will
slowly be demystified by the universal access to energy even in the
rural areas.
Environmental
Impacts
The proposed development also represents an investment in
infrastructure for the generation of clean, renewable energy, which,
given the challenges created by climate change, represents a positive
social benefit for society as a whole.
Pollution reduction since community members will no longer be
using fossil fuels e.g. kerosene.
Insecurity
reduction
By installing floodlight masts in areas where the mini-grids will be
stationed, there will be reduction in insecurity incidences brought
about by tracking the movement of the militants. The flood masts will
also act as a potential deterrent against petty crime.
Equitable
resource
allocation
Communities living in the underserved counties have historically
considered themselves second-rate Kenyan citizens because of the
lack of deliberate efforts by the national government to develop these
hardship areas to the level of other regions in the country. The
KOSAP project has the potential to reassure these historically
Page | 53 KOSAP Vulnerable and Marginalized Groups Framework
marginalized communities of government’s will to address the lack
of equity in national resource allocation, while at the same time
reassuring the communities that they also belong to this country.
5.2 Adverse Impacts
Permanent effects - Permanent effects will result into an infinite loss of use of property,
vegetation, or land by the affected person as a result of the subproject activities. Such
effects are anticipated to affect:
Vulnerable groups whose land is found suitable for these infrastructures and this
can translate into either loss of land, pasture and crop cover or all. The mitigation
is for MOEP to avoid the need for land acquisition and displacement of people.
Where land acquisition is inevitable, the provisions in the RPF should be followed
and if possible, project should consider land owned by GoK to minimize
displacement. The proposed mitigations to minimize the need for new land
acquisition should be considered in line with the requirements of the RPF, which
has also been prepared for the KOSAP. In addition, should any activity of the
project involve acquisition of land that the VMGs/IPs have traditionally owned or
customarily used or occupied, then, in line with the provisions of OP 4.10 (para
17), the VMGP will establish an action plan for the legal recognition of such
ownership, occupation, or usage.
Increase of infectious diseases like HIV/AIDS due to new interactions of
communities,’ specifically “foreign” workers who will be engaged in the
construction activities. Sensitization and awareness about HIV/AIDs will be
carried out as a mitigation measure for reducing incidence of contracting HIV/AIDs
and other sexually transmitted diseases.
Temporal impacts - Temporal impacts will result in an interruption in the current use of
property or land by the affected communities or individuals as a result of the subproject
activities. This is likely to occur, for instance, during construction of wind turbines etc.
This is likely to affect:
Vulnerable Groups that currently use water points and pasturelands where electicity
services facilities are meant for rehabilitation, and will therefore have to find
temporary pastureland.
5.3 Proposed Mitigation Measures
To avoid or minimize adverse impacts and, at the same time, ensure enhancement of
benefits and full participation of the vulnerable groups, the PIU at KOSAP in collaboration
with the partner implementing agencies will apply the following:
Ensure that vulnerable groups in general and their organizations are informed of
activities selection, design, and implementation processes to seek input and to
provide clarification.
KOSAP/PIU will carry out analysis of socio economic impacts of proposed sub
projects on vulnerable groups as through a transparent process with the free and
informed participation of the affected communities. KOSAP /PIU to ensure that the
interventions do not unnecessarily and unintentionally exacerbate factors outside the
scope of planned impacts;
Page | 54 KOSAP Vulnerable and Marginalized Groups Framework
KOSAP/PIU will screen the activities of subprojects for a preliminary understanding
of the nature and magnitude of potential impacts, and explore alternatives to avoid
or minimize any adverse impacts as detailed in the ESMF and RPF;
The impacts of the project are expected to be few and minimal where they exist.
KPLC will be guided by the ESMF and RPF which spell out the principles of
mitigation measures to address such negative impacts. Where alternatives are
infeasible and adverse impacts on vulnerable groups are unavoidable, the KOSAP
/PIU, together with PAP knowledgeable of IP culture and concerns will make an
assessment of the key impact issues and possible mitigation measures; and
KOSAP /PIU will undertake the necessary tasks in order to adopt appropriate
mitigation measures. The most important in this respect is consultation with the
VMG communities, community elders/leaders, civil society organizations like
NGOs and others who have experience working with other vulnerable groups.
A summary of the potential adverse impacts of sub project investments under KOSAP on
VMGs and possible mitigation actions are highlighted in table.2 below and should be
considered as a guideline in the development of investment specific VMGP in terms of
mitigation measures and considerations.
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i OP 4.10 Footnote 6: The policy does not set an a priori minimum numerical threshold since groups of Indigenous
Peoples may be very small in number and their size may make them more vulnerable. ii OP 4.10 Footnote 7: ‘Collective attachment’ means that for generations there has been a physical presence in and
economic ties to lands and territories traditionally owned, or customarily used or occupied, by the group concerned,
including areas that hold special significance for it, such as sacred sites. ‘Collective attachment’ also refers to the
attachment of transhumant/nomadic groups to the territory they use on a seasonal or cyclical basis.